Montgomery Work Injury Lawyer
Alabamans who work hard and play by the rules expect to be rewarded for their efforts and get ahead in life. However, suffering a serious injury at work can throw even the best laid plans into disarray. A severe work injury may mean that you will be unable to work for weeks, months, or longer. A work-related accident may also limit your career options, as well as your potential for professional advancement, raises, and greater earnings at your job. A workplace injury in Montgomery can have enormous short- and long-term consequences, not only for the injured employee, but also for his or her family members.
At the Morrison Law Firm, our Montgomery workplace accident lawyers understand the concerns and anxieties a breadwinner may have after getting hurt on the job. We also understand that many work-related injuries are caused by defective equipment or unsafe working conditions. If you or your spouse suffered a disabling injury while performing your job duties, our experienced personal injury attorneys can fight to help your family recover the full compensation to which you are entitled. For a free and confidential legal consultation about your Montgomery workplace injury claim, call the Morrison Law Firm today at (334) 625-6128.
Can I Sue My Employer for an Injury on the Job?
In Alabama, injured workers are generally prohibited from suing their employers for negligence following workplace accidents. However, despite these limitations, a knowledgeable work injury lawyer who possesses a strong understanding of Alabama’s labor laws and personal injury laws can still help injured employees recover compensation. For instance, despite the general prohibition on injury-related lawsuits against employers who provide workers’ comp, it may be possible to sue a third party, or party other than the employer, depending on how and why the injury happened.
This situation typically arises when an employee has been injured by defective equipment, defective machinery, or a defective company car. In this sort of scenario, the employee could have a “cause of action” (grounds for filing a lawsuit) against the defective item’s manufacturer, designer, or other parties.
The area of personal injury law that deals with defect-related injuries is called “product liability.” The principle behind product liability lawsuits is that defendants, such as manufacturers, can be held liable in cases where consumers, including industrial workers, have been harmed by the defendant’s negligence. There are three general types of product liability cases involving defective industrial equipment:
- Design Defects – These are defects embedded in a product’s very form or design – for example, a 15-passenger van’s tendency to overturn due to a high center of gravity. No amount of craftsmanship can eliminate the danger posed by a design defect, because it is built into the product.
- Failure to Warn – Failure to warn cases can arise from situations where injuries result from the absence of adequate warnings on hazardous products.
- Manufacturing Defects – Products can develop dangerous defects, like fire hazards or sharp corners, if mistakes are made during the manufacturing process. Hazardous defects can also develop when products are being boxed, stored, or shipped.
Any type of vehicle or product carries some risk of being defective. However, some of the most dangerous products and pieces of equipment that are susceptible to defects include:
These and other pieces of equipment can all produce catastrophic, even fatal injuries in the workplace or in the course of employment. At the Morrison Law Firm, our workplace accident attorneys have a track record of successfully handling numerous personal injury and wrongful death claims, equipping our legal team with the knowledge, the skill, the tenacity, and the investigative resources to analyze the causes, short-term effects, and long-term effects of an injury sustained on the job.
We understand the complications and impairments that can arise from a wide array of injuries. Our goal is to maximize your recovery so that you do not have to worry about financial hardship from medical bills or unemployment. Types of injury cases our law firm handles include:
Compensation for Work Injuries in Alabama
Workers’ compensation benefits may be available for employees who are injured in Alabama workplace accidents. This includes unexpected or unforeseen events that occur suddenly and violently, with or without human fault. In addition, certain provisions can provide for coverage regarding occupational pneumoconiosis and occupational radiation disease.
However, to reiterate a critical piece of information, Alabama workers who receive workers’ comp are typically barred from suing their employers. Moreover, workers’ compensation does not consider or provide benefits for pain and suffering – only medical treatment, physical impairment, partial wages, ongoing care, and, in the case of a fatal accident, limited death and burial benefits.
While workers’ compensation can help to provide financial benefits for totally or partially disabled workers, filing a workers’ comp claim is not always an adequate or appropriate solution for injured workers who are seeking fair compensation for debilitating injuries. If the injury resulted from a third party’s actions or “omissions” (failures to act), the employee may wish to pursue a negligence action against that party – for example, filing a lawsuit against the manufacturer of a defective saw that malfunctioned, severing one of the employee’s fingertips.
In a personal injury lawsuit, compensation is also described as “damages.” For instance, the plaintiff will “seek damages” in a certain amount. There are two broad categories of damages:
- Compensatory Damages – This refers to compensation for losses and expenses. There are two subcategories of compensatory damages: economic damages (compensation for financial losses) and non-economic damages (compensation for physical and emotional harm, often described as “pain and suffering”). Examples of compensatory damages include compensation for:
- Diminished Earning Capacity
- Loss of Consortium (Marital Relationship)
- Loss of Enjoyment of Life
- Loss of Income/Wages
- Medical Bills
- Pain and Suffering
- Scarring and Disfigurement
- Punitive Damages – Punitive damages are only available in cases where the plaintiff can prove that the defendant intentionally acted with malice. This is because the purpose of punitive damages is to punish the defendant, while deterring similar future behavior. Unlike compensatory damages, which are not capped, Alabama limits punitive damages. Where available, punitive damages are capped at the greater of $1,500,000 or three times the compensatory damages awarded.
As you can probably surmise, numerous benefits may be available following a workplace injury in Montgomery or its surrounding suburbs. No matter what sort of industry or work environment you were in when your accident occurred, from the office building to the construction site to the factory floor, our legal team is here to help. At the Morrison Law Firm, our experienced Montgomery work injury lawyers can help you identify and pursue the most efficient, effective course of legal action following a serious accident on the job.
Contact Our Montgomery Work Accident Injury Attorneys About Filing a Lawsuit
After an accident and injury at work, you likely have many questions regarding your ability to get compensated for hospital bills, surgery costs, loss of employment opportunities, and other hardships resulting from the accident. At the Morrison Law Firm, our attorneys are dedicated to providing on-point and strategic legal advice. Our team will work to develop an aggressive, multi-pronged legal strategy that provides a foreseeable path to compensation.
To schedule a free and confidential consultation concerning your rights as an injured worker, or to discuss your legal options as the spouse or family member of a worker who was injured or killed on the job, contact the Morrison Law Firm at (334) 625-6128. Our offices are conveniently located in Montgomery, Alabama, and our attorneys can come to you if your injuries prevent you from traveling.