Alabama Construction Injuries Can Cause Life-Long Harm
Workplace injuries are an unfortunate fact of life, but if a person works in construction, their chances of being injured on the job are significantly higher than in most other industries. Falls, burns, and the like can cause anything from minor bruises to death, and if you are injured on a construction site, it can be confusing and difficult, though not impossible, to obtain the benefits you deserve.
The Birmingham personal injury attorneys from Goldasich, Vick & Fulk can help you seek the compensation you deserve. Given the many different types of construction injuries that are possible, it can be overwhelming trying to focus on recovery. We are here to help.
Benefits Not Always Available
The Alabama Workers’ Compensation Law holds that if a business has less than five employees, it is not required to carry workers’ compensation coverage unless it is engaged in constructing, or assisting in the construction, of “new single-family detached residential dwellings.” Other than these construction companies, all others must carry workers’ compensation insurance. In theory, a person injured at work on a construction site can file a claim for workers’ compensation benefits.
That said, there are certain scenarios under which an employee may have the right to file suit against their employer. Normally, an employee waives that right in exchange for the ability to claim workers’ compensation benefits, but if no benefits are available, the employee preserves their right to sue over alleged negligence in the workplace.
Potential Third Party Liability
While it is generally not possible to sue one’s employer over a work injury in Alabama, it is sometimes the case that a third party’s actions (or failure to act) may have been a direct cause of the injury. If this is true in your case, know that it is possible to file a personal injury lawsuit against that third party. For example, if a property owner fails to make the premises sufficiently safe, they may be held liable for injuries.
If you do file a personal injury case, know that Alabama follows what is known as a contributory negligence system. This means that if a plaintiff is even 1 percent at fault for their own injuries, they are barred from any kind of financial recovery. This can be a shock for an injured plaintiff, so it may be best to consult an attorney before proceeding with a case against a third party.
Do Not Fight Alone
Being injured at work is never a welcome event, but if your accident occurred on a construction site, the odds are that your injuries are severe. You have the right to seek financial benefits, and Birmingham construction accident injury attorney from Goldasich, Vick & Fulk can help handle the legal load while you focus on physical and emotional recovery. Call our office today to schedule a consultation.
Source:
labor.alabama.gov/wc/insurance.aspx
