When You May Have Both a Workers’ Comp Claim and a Personal Injury Case
When most people get hurt on a job site, they assume it’s a workers’ comp case. But sometimes that’s only part of the story.
If you were hurt on a construction site, warehouse site, industrial site, or other job site in Alabama, you may have a workers’ compensation claim. But depending on how the injury happened, you may also have a separate personal injury case against a third party.
Why would you want to pursue both a workers’ comp case and a third-party case?
Because the recovery permitted under the Alabama Workers’ Compensation Act is very limited. For example, there’s no compensation in a workers’ comp case for pain and suffering.
When Both Claims May Exist
A dual-claim situation can happen in many ways.
For example:
- A subcontractor from another company drops materials you while working
- You’re driving in connection with your job and another driver causes a wreck
- You slip and fall at work and your employer contracted out the housekeeping duties to an outside company
- A delivery truck or outside driver hits you on a job site
- A defective ladder, lift, scaffold, or tool fails
- An outside contractor creates an unsafe condition
- Or a non-employer company is responsible for traffic control, equipment, or site safety in the area where the injury occurred
In those situations, workers’ comp may help with benefits tied to the workplace injury, while a separate personal injury case may need to be investigated against the outside party that caused the harm.
Important Alabama Workers’ Comp Rules to Remember
Alabama’s Department of Labor says injured workers should report the injury immediately to a supervisor, boss, or employer. Notice is required within five days. Employers select the treating physician.
Why Workers Miss the Personal Injury Side of the Case
A lot of injured workers never hear about the possibility of a third-party claim. They are told where to go for treatment, given paperwork, and pushed into the workers’ comp process before anyone fully investigates how the accident happened.
If a third party played a role, important evidence may include:
- Incident reports
- Photographs of the scene
- Equipment involved
- Maintenance records
- Contracts between companies on the site
- Witness statements
- And OSHA or internal safety findings
We Are Here to Help
If you were hurt on a job site in Alabama, do not assume you have only one type of claim. A serious workplace injury may involve workers’ compensation, a third-party personal injury case, or both.
At Alabama Personal Injury Lawyers LLC®, we help injured workers look at the full picture, not just the first explanation they are given. Contact our team today for a free consultation.