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Birmingham Workman Compensation Lawyer I don't want to sue my employer

Birmingham Workman Compensation Lawyers I don't want to sue my employer

Birmingham Workman Compensation Lawyers I don't want to sue my employer: Oft times, while we are speaking with an injured worker, the injured worker asks us if hiring our firm to represent them means that they will have to sue their employer, because they really do not want to sue their employer. Many times the worker has been employed with the same company for decades, and they view their employer and co-workers as family, and no one really wants to sue their family.

I tell them that the vast majority of all workman compensation cases settle, but that does not mean that suit might not first have to be filed; and there is no certainty that any individual case will settle as no one can force another party to settle.

While it is the workman' compensation insurance carrier who pays out any monetary compensation and authorizes medical treatment, if the insurance company refuses to do what they are legally obligated to do, or are unreasonable concerning settlement, then filing suit is the only way to force the carrier to do what they should voluntarily be doing; and that means filing suit against their employer.

Alabama law does not allow us to file suit directly against your employer's workman compensation insurance carrier, because you do not have an action directly against them. You employer's workman's compensation carrier has a contractual relationship with your employer, and they must pay for their defense if suit is filed. It is similar to a situation where you may have caused an automobile accident; if suit is filed, it would be filed against you, but your automobile liability insurance carrier would have a contractual obligation to pay for your defense and pay any applicable damages.

Additionally, you must keep in mind that Alabama's workman's compensation laws not only protect injured workers, but it protects employers. In a workman's compensation claim, the employer does not have to pay punitive damages, money for lost consortium or anything for pain and suffering. Employers are much better off facing workman comp claims than litigating claims for negligence or wantonness.

If you have been hurt at work and have questions about your right to Alabama Workman Compensation benefits, please do not hesitate to contact and speak with one of the experienced Birmingham Workman Compensation Attorneys at Powell and Denny.

Powell and Denny: We Work When You Can't

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Birmingham Workman Compensation Lawyer I don't want to sue my employer

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