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Alabama Job Injury Lawyers I caused my injury

Alabama Job Injury Lawyers I caused my injury

Alabama Job Injury Lawyers I caused my injury: I read an article in an insurance journal the other day, and an article caught my eye. In the article, the author discussed a situation where a worker was involved in an automobile accident while performing their job duties. There was some question as to whether the injured worker bore some fault for the accident, and the general tenor of the article was that forcing the workers compensation insurance carrier to cover the workers' injuries was an outrage. The only outrage was the intent of the article on its readers.

Workers Compensation laws began as a response to unrest between labor and employers and a societally sense of "fairness." Prior to the advent of workers compensation laws, if a worker was injured at work, there only recourse was to sue their employer under general tort law (eg., negligence, wantonness, willfulness or failure to provide a safe workplace). While actions under tort law allowed a higher for a higher amount of damages, most job injuries were not due to the actions/inaction of employers; rather, they were accidents. In a situation where the worker fell off a ladder and stepped into a hole and damaged their knee, the worker did not have any legal remedy. Workers Compensation laws were created because our society did not think it was fair that a worker who was injured while performing their job duties-and making profits for their employer-was left to face the loss of income and mounting doctor bills on their own.

State Legislatures entered into what has been called a Grand Compromise in creating systems of workers compensation benefits. The compromise asked ALL parties to give and take for the betterment of all involved. With Workers Compensation laws, the injured worker would be entitled to prompt medical treatment paid for by their employer's workers compensation insurance carrier should they suffer a job injury-even if it was their fault; they were also provided compensation while they were out of work recovering from their job injury and a capped amount of compensation should they suffer a permanent physical impairment. In return, the employers were protected from being sued under general tort law- which allowed for much higher damage awards against them, and the insurance companies made more money by selling more and more policies.

So, you have to bear in mind that Alabama's workers' compensation laws do not merely help the injured worker; workers compensation laws are in place to protect both the injured worker and their employer. Absent your employer almost intentionally trying to hurt you, injured workers cannot sue their employers for negligence if their employer's negligence leads to their job injury; generally you can't sue them for punitive damages or seek pain and suffering. You are limited to workers compensation benefits, and this saves businesses serious money. Filing for workers compensation benefits is not abusing your employer any more than relying on your automotive liability insurance policy to help pay for repairs to your car when it is damaged in an accident which is your fault is abusive to your insurance carrier.

So, you can see that the article's inference that the workers' compensation system was not created to cover incidents where an employee's negligence led to their injury is totally incorrect and misleading.

If you have suffered a work related injury but were told that you were not entitled to Alabama Workers Compensation benefits because of your negligence, don't believe the insurance adjuster and don't give up. Call and speak with one of the experienced Alabama Workers Compensation Attorneys at Powell and Denny.

Powell and Denny: We Work When You Can't

Offices located in Birmingham, AL and Huntsville, AL

Alabama Job Injury Lawyers I caused my injury

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