Can You Sue Your Employer for a Work Accident?

When you are in a car accident, you can sue a negligent driver for your injuries and losses. If a grocery store allows a hazard that causes you to slip and fall while you are shopping, you can sue the store for its negligence. 

But what happens if you suffer injuries in a work accident? Can you sue your employer like other individuals or entities that cause you injuries? In Alabama, the answer is yes you can sue your employer for workplace accidents and injuries but it is generally limited in that you must request benefits as provided for by the Alabama Workers’ Compensation Act. It may be that the employer does not provide proper benefits and a lawsuit to resolve the case is necessary. You will likely need a Montgomery workers’ compensation attorney who can assess your options and determine if you should sue your employer for workers’ compensation benefits, or if there are other claims against other persons or companies that may be responsible for your injuries.

Workers’ Compensation Benefits

The primary recourse for injured workers is workers’ compensation benefits. Alabama requires most employers to carry workers’ comp insurance, which should provide coverage to employees who are injured on the job. You must notify your supervisor of an injury within five (5) days of the date of the injury. Failure to notify the supervisor of the injury could bar you from recovering benefits under the Alabama Workers’ Compensation Act.

Workers’ compensation is a no-fault system, which means you do not have to prove your employer - or anyone else - was negligent to cause your injuries. You must show that your injury happened in the course of your employment, and you should qualify for benefits. 

In exchange for no-fault coverage, the law provides for the exclusive remedy for your injuries from your employer which is limited to the workers’ compensation benefits. Most employers have workers’ compensation insurance coverage that will oversee the benefits provided to you in the event of a work-related injury. Some of the benefits you are entitled to under

Alabama’s Workers’ Compensation Act are:

• Medical care expenses
• A percentage of your lost wages while you are taken off work by the doctor
• Reimbursement of mileage or out of pocket expenses for authorized treatment
• Vocational retraining
• Compensation for permanent partial or total impairments

Third-Party Lawsuits

In addition to suing your employer, you might have the right to sue another party that is not affiliated with your employer. To do so, you will need to demonstrate the party was negligent in causing your accident and injuries. 

Such parties might include:

• A driver who was distracted and hit your work truck while you were driving as part of your job.
• A manufacturer that sold defective equipment, which malfunctioned and caused your injuries.
• A contractor on a construction site who did not follow proper safety protocols and caused your accident. 

If someone besides your employer was negligent, you might have a claim against them. In this situation, you might be able to receive workers’ compensation benefits as well as additional compensation for:

• Your full lost earnings
• Pain and suffering
• Other intangible losses

Not every injured worker has a third-party claim, and many people must rely on workers’ comp benefits to cover their injuries. Therefore, it is critical that you ensure you receive the full benefits you deserve for your medical bills and lost wages from missing work.  

Speak with a Montgomery Workers’ Compensation Attorney

The Law Office of Richard F. Matthews, Jr. helps injured workers in the Montgomery area. We seek maximum benefits in every case, and we can help you. Contact us to discuss your work injury today.