When Can a Worker File a Personal Injury Lawsuit?

Most workers know that they can file a workers’ compensation claim to cover medical expenses and lost wages. However, many are unaware that under certain circumstances, they may also be able to file a personal injury lawsuit to potentially receive additional compensation for their losses.

It can be difficult to know whether you are eligible to file a personal injury lawsuit for your accident and injuries that occurred while working. It is something we can discuss during your free initial consultation. For now, we have created a few examples of different types of jobs and situations where a worker may be entitled to file a personal injury lawsuit.

1. A tool or machine you used was defective: If a tool or machine you use malfunctions and causes severe injury, you may be able to file a personal injury lawsuit against the manufacturer. To be successful, you would need to prove that there was a defect or flaw in the design or the manufacturing, or that you were not warned about potential risks. Because our defective products cases are governed by a collection of case law (known as the Alabama Extended Manufacturer's Liability Doctrine, or AEMLD) you should counsel quickly if a defective machine caused your injury.
2. Another company or worker caused you harm: When your own colleague is to blame, you generally file for workers’ compensation. But construction workers often collaborate with contractors and employees from different companies. If a worker from another company causes you harm, such as dropping a heavy object on you that results in a traumatic brain injury, you can file a personal injury lawsuit.
3. The property you are working on is unsafe: Plumbers must go from property to property and handle renters’ and owners’ plumbing issues. However, if the home or business is unsafe and you sustain an injury, you may be eligible to file a premises liability lawsuit against the property owner. For example, if you fall through the deteriorating stairs while walking to the upstairs bathroom, or the entire ceiling collapses on you while you are working on the drainpipes, you have options for seeking compensation.
4. A dog bit you while you were working: Property owners are responsible for controlling their pets and ensuring the safety of visitors. As a delivery driver, for example, you are required to go on people’s porches and ring their doorbells before leaving the packages. If you are bitten by a dog while delivering packages you can file a personal injury lawsuit against the dog owner.
5. The property lacks adequate security measures: Property owners must ensure the safety of their premises, including providing adequate security. If you are working at a location with insufficient security and are subsequently harmed, such as being mugged or attacked, you may be able to sue the property owner.
6. A vehicle driver hits or runs you over: Highway maintenance crew members frequently work around vehicles. Therefore, they have to trust that the drivers driving by will notice them and take necessary measures, such as moving over or slowing down, to help keep them safe while doing their jobs. However, if a driver is drunk or impaired by drugs, or looking at their phone instead of the road, you can file a personal injury lawsuit against the negligent driver. Another example is if you are a factory worker who is picking up items near the loading area of your job and an 18-wheeler speeds through the parking lot and runs you over, you may be able to file a personal injury lawsuit against the truck driver.
7. You’re self-employed, or work for a small company: Not all self-employed workers are required to carry workers’ compensation insurance in Alabama. An electrician or construction worker would need it, but a less risky job may not. If you are self-employed, do not have coverage, and are injured on the job, then you would need to file a personal injury lawsuit or claim to secure compensation.

Note: In almost all of these scenarios, a successful claim or lawsuit would need to prove negligence by another party – a driver, a worker, a property owner, etc. If you caused your own injuries, you may be barred from collecting. Our worksite injury lawyers in Huntsville and Decatur can help you determine which type of claim is most appropriate for you.

What is a third-party claim and why should I file one?

A third-party claim is a personal injury lawsuit filed against a party other than your employer, who may be responsible for your injuries. While workers’ compensation provides some benefits, it may not cover the full extent of your losses or hold the responsible party accountable. Filing a third-party claim can help ensure that the negligent party is held responsible and that you receive adequate compensation for your injuries.

Contact Martin & Helms today

Have you recently been injured at a worksite in Alabama? If so, the Huntsville personal injury attorneys at Martin & Helms are prepared to advocate for your legal rights and hold the responsible parties accountable for their negligence. We understand how injuries can impact your life and will work tirelessly to help you obtain the compensation you deserve. Call our office in Huntsville or Decatur, or submit our contact form to schedule a free consultation with one of our attorneys today. Proudly serving Athens, Madison, and all of North Alabama.