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Alabama Workers' Compensation and Personal Injury Claim

Alabama Workers' Compensation and Personal Injury Claim

Alabama Workers' Compensation and Personal Injury Claim: If you live in Alabama and have suffered a job related injury, you may think that you have a personal injury claim, just as you would have if you were rear-ended at a red light. The truth is, you probably do not have a personal injury claim for an on the job injury.

Workers' compensation is an administrative remedy which provides a means of recourse for injured workers. Prior to the passage of the Alabama workers' compensation statute, if an employee was injured at work, they had no legal recourse unless their employer was negligent in some fashion. This meant that the majority of workers had to do without. Our workers' compensation system remedies this by ensuring that workers who are injured while performing their job duties for an employer, who regularly employees 5 or more persons, will receive certain benefits. Included benefits include the right to medical treatment, compensation while off work due to a work injury and specified compensation for a permanent impairment. In return for the employer shouldering these associated costs, the worker gives up the right to general damages allowed under tort law.

Unlike personal injury actions, generally speaking an injured worker will not be entitled to punitive compensation or payment for pain and suffering/mental anguish. I say "generally," because it is possible to have a workers' compensation claim and a personal injury claim against a third party. For example, if you were driving a company vehicle and another person runs a red light and hits you, you would have both a claim for workers' compensation benefits on your employers' workers comp insurance carrier and a personal injury claim against the other driver's liability insurance carrier.

If you have suffered an Alabama job injury and you have questions about your rights to workers' compensation and personal injury benefits, please do not hesitate to contact one of the experienced Alabama Job Injury attorneys at Powell and Denny today.

Powell and Denny: We Work When You Can't

Offices in Birmingham, AL and Huntsville, AL

Alabama Workers' Compensation and Personal Injury Claim

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