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Alabama Workers' Compensation Attorneys Do I have a Right to a Jury Trial

Alabama Workers' Compensation Attorneys Do I have a Right to a Jury Trial

Alabama Workers' Compensation Attorneys: Do I have a Right to a Jury Trial: We have been asked this question for years. Most injured workers know that they have a right to a trial on their workers compensation case, and most of them believe that this includes a right to a jury trial. This is simply not the case. Typically, workers compensation trials are bench trials, which means that the judge hears all the evidence and issues the decision. Bench trials are the only means of trying a case in Alabama unless the defendant argues that your job injury was the result of some form of willful misconduct on your part.

If the defendant argues that they are not liable for the injuries you suffered as the result of a job injury, then you and the defendant both have the right to request a jury trial on the issue of willful misconduct. If willful misconduct is used as a defense, then the defendant has the burden of proof to show that but for the alleged misconduct of the plaintiff there would not have been any on the job injury.

In Alabama we have been blessed to have judges who have a good grasp on workers compensation claims; additionally, non- jury matters typically make it to trial much quicker than cases where a jury has been demanded. With this in mind, having a bench trial on your workers compensation claim should be viewed as a plus.

If you have been hurt at work and have questions about your rights under Alabama's workers compensation laws, please do not hesitate to contact the experienced Alabama Workers Comp attorneys at Powell and Denny; we would be happy to talk with you.

Powell and Denny: We Work When You Can't

Offices in Birmingham, AL and Huntsville, AL

Alabama Workers' Compensation Attorneys Do I have a Right to a Jury Trial

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