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Birmingham Personal Injury Attorneys > Blog > Construction Accident > Can I File A Lawsuit After A Construction Accident?

Can I File A Lawsuit After A Construction Accident?


If you were injured in a construction accident in Birmingham, it is critical to begin taking steps to seek financial compensation for your losses. You might already have begun the process of seeking workers’ compensation benefits, but you may have realized that the workers’ compensation system in Alabama can only compensate an injured construction worker in limited ways. Although an injured construction worker can obtain coverage for medical care for the injury sustained on the job and receive a portion of an employee’s average weekly wage in wage loss benefits, there are many forms of compensation that the workers’ compensation system cannot provide. When your workers’ compensation claim does not provide you with the compensation you need, can you file a lawsuit?

The answer to that question will depend upon the particular facts of your case and who may be at fault for your injuries.

Workers Compensation as An Exclusive Remedy 

The workers compensation system in Alabama provides what is known as an “exclusive remedy” for work injuries and occupational diseases. What this means is that injured construction workers typically cannot file claims against a negligent employer or negligent co-worker for their role in causing a construction accident and subsequent injuries. As an exclusive remedy, the workers’ compensation system also allows an injured worker to obtain compensation even if his or her own negligence contributed to or caused the accident.

Although workers’ compensation is an exclusive remedy, there are some situations in which an injured construction worker may be able to file a lawsuit against additional parties.

When a Third-Party May Be Responsible 

When a third-party is responsible for a construction worker’s injuries, that construction worker can be eligible to sue that third-party to seek compensation. Common third-party injury claims in construction accidents include co-employee liability claims or product liability actions. In particular product liability claims for construction injuries could stem from defective construction equipment or safety devices that resulted in a construction worker’s injury.

When Intentional Conduct Resulted in the Injury 

In situations where a co-worker acted intentionally or willfully, you may also be eligible to file a construction accident lawsuit against that party in order to seek financial compensation. There are different scenarios involving intentional conduct for which a construction worker may be able to file a lawsuit. For example, if another worker engaged in an intentional act with the aim of harming another construction worker, that construction worker may be able to file a lawsuit against that person under Alabama law.

In addition, Alabama law allows injured construction workers to sue other coworkers or employees who intentionally removed safety guards from tools or machines on construction sites when that removal resulted in another construction worker’s injury.

Contact a Birmingham Construction Accident Lawyer Today 

Do you have questions about seeking compensation after a construction accident, or do you need assistance determining your eligibility to file a lawsuit after a construction injury? One of our Birmingham construction accident attorneys can evaluate your case for you today. Contact Goldasich, Vick & Fulk for more information about how we can assist you with your construction accident case.



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