Category Archives: Workers’ Compensation

Can I still sue even if workers’ compensation is covering the injury I received on the job?

If you are hurt while working, you might think that your only chance of compensation comes from the workers’ compensation policy that your employer carries. And while this is generally the case, there are always exceptions to the rule. If your employer’s workers’ compensation is covering your injury, you might still be able to sue your employer for the injuries that you incurred while at work.

Let’s look at some of the situations in which you might be able to sue in addition to receiving compensation from workers’ compensation claims.

Defective Product
Were you injured as a result of a defective product? If so, then you might very well be able to pursue a case targeting the manufacturer who made the product. Note that this is true even if the product was used in the workplace. With that said, every case is unique, and you should speak with an experienced personal injury to determine how the circumstances surrounding your case might impact your ability to sue.

Negligence and Injuries
If you were injured as a result of intentional, hazardous, or careless conduct on the part of your employer, then you might be able to pursue a personal injury case against them. This might be true even if they are covered by workers’ compensation.

Toxic Substances
Much like the issue of the defective product above, if you are injured by a toxic substance, you might be able to pursue a personal injury case against the creator or manufacturer of the substance in question.

Third Parties
Finally, if you have been injured via a third party that was present in your workplace, you might have the chance to also pursue a legal case against them.

When Workers’ Compensation Isn’t Enough
Workers’ compensation exists to help ensure that injured workers who were hurt while working receive money to cover their damages. With that said, like many insurance policies, workers’ compensation representatives will do their best to pay out as little as possible. That means that you might not receive enough to cover lost wages or medical bills, let alone pain and suffering. Keep in mind that the payouts themselves don’t actually work to discipline your employer, either, even if they created an unsafe workplace.

Filing a personal injury case, on the other hand, can help ensure that you receive the compensation you need to move on with your life while also serving to send a message to negligent employers that their behavior is not acceptable.

Workplace Injuries in Alabama
Have you been injured in your workplace? If so, you might be wondering what options you have – in addition to workers’ compensation – to help secure compensation and keep your head above water. Reach out to the experienced personal injury lawyers at Johnston, Moore, & Weston today! Our attorneys are standing by to help you sift through your circumstances and determine whether or not you have a viable case.

Call us today at 1.800.240.5770!

Kids of one Carl Cannon fire victim files wrongful death lawsuit

The surviving children of a 39-year-old Jasper, Alabama, man have filed a wrongful death lawsuit against the man’s employer and the manufacturer of the equipment that he was using when he suffered his fatal injuries. The married father of two was reportedly using a unilube system within the service shop at the car dealership where he worked when it came in contact with a flammable material, causing a massive fire. As for the family’s lawsuit, it was filed on Wednesday,Continue reading

Toxic exposure at work can be bad for your wallet and your health

Some Alabama workers have jobs that require then to be in close proximity or close contact with dangerous substances and toxic chemicals. Whether it is in a one-time accident or it occurred slowly over time, exposure to dangerous substances can have a detrimental impact on your health and your wallet. If you became ill or suffered physical injuries because you came into contact with something at work, you may have grounds to seek benefits through your employer’s workers’ compensation benefits.Continue reading

Workers’ compensation death benefits in Alabama

Most Alabama workers know that if they suffer a serious on-the-job injury, they can seek workers’ compensation benefits to pay for their medical care. This applies to all manner of job-related injuries caused by accidents, repetitive use, chemical exposure and more. It also applies to work-caused diseases. What many workers don’t realize, however, is that if they suffer a job-related death, their family members may also be entitled to death benefits. Workers’ compensation death benefits are meant to assist familiesContinue reading

Some workplace hazards are so common that they go unnoticed

Employers in Alabama and all across the nation are responsible for the safety and health of their employees. While certain industries pose greater risks than others, some dangers exist in almost all workplace environments. You may be able to avoid serious injuries if you keep a lookout for some of the most common threats. Although the fact that workers’ compensation benefits will cover medical expenses and lost wages in the event of an occupational injury, minimizing the risks may preventContinue reading

Saving your own skin

Some accidents or injuries are obviously work related. For example, if you cut yourself on a piece of equipment or fall from a ladder, it’s likely your employer will not challenge your claim for workers’ compensation. In other cases, you may have to jump through hoops to convince your boss and the insurance company that your job is responsible for your health problems. If you believe your skin disease developed from conditions at work, you may need help obtaining yourContinue reading

4 reasons for job-related accidents

Alabama workers often find themselves in dangerous situations on the job. However, when a worker is attentive and makes a conscious effort to follow safety rules, accidents are avoided in most cases. By educating yourself on the common reasons for job-related accidents that follow, workers can be extra-attentive on the job and hopefully prevent such incidences from occurring. Here are four reasons why accidents happen on the job: — Lifting heavy objects: Sometimes employees lift heavy objects all day long.Continue reading

Repetitive motions on the job may compromise your health

When you think of workers’ compensation, you may think of benefits given to a worker who suffers injury in a work-related accident. In reality, work injuries are not always the result of a traumatic incident, but many of the most debilitating and painful injuries develop over time. Repetitive stress injuries occur when a person repeats the same motion over months or years. For some, repetitive motion can exacerbate an injury that already exists or create a painful injury that makesContinue reading

What constitutes a traumatic crushing injury of the fingers?

Alabama workers tend to take their fingers and hands for granted until something goes wrong that prevents them from using them. A hand or finger crushing injury is not uncommon in a car accident, and in extreme cases, it can lead to the complete loss of finger function. Since our fingers and hands are vital for daily life — and for performing most job duties — those who suffer from this kind of accident could find themselves facing severe difficulties.Continue reading

Medical compensation benefits for a work-related injury

The Alabama Workers’ Compensation Law allows for employees hurt on the job to receive compensation for life for the cost of their medical care relating to work-caused injuries. In order to qualify, the injury needs to be categorized as compensable, the treatment needs to be appropriate for the injury or illness and the medical care must be provided by a physician who is authorized. Sometimes, medical claims relating to work-caused injuries are disputed by the insurance company. When this happens,Continue reading