Third-Party Personal Injury Claims In Alabama

There are countless different reasons why on-the-job injuries occur, but what the average person may not know is that only some of them will be compensable by workers’ compensation. Some work injuries are the fault of the employee, who may have been engaged in activity that had nothing to do with their job. Others can be attributed to the actions of third parties – that is, people involved in the situation who do not work for the injured worker’s employer.

Third-party personal injury cases in Alabama are a way for an injured employee to seek compensation for their injuries from the person who actually caused them, though workers’ compensation may play an indirect role in ensuring the injured worker’s medical bills are paid. If you have been injured and suspect that a third party is responsible, the Birmingham personal injury attorneys from Goldasich, Vick & Fulk can help you receive the compensation you deserve. We are here to help.

The Exclusive Remedy Rule

Normally, if a worker is injured on the job, they will likely be entitled to workers’ compensation benefits as long as their employer carries appropriate coverage. In exchange, the worker effectively waives any right to sue their employer if the company’s negligence played a role in their injuries. This compromise is known as the exclusive remedy rule, and it is intended to serve both employer and employee: the employee need not bring a time-consuming and expensive lawsuit, and the employer does not have to defend against the suit (or multiple lawsuits) while trying to do business at the same time.

Third-party claims are an exception of sorts, simply because the exclusive remedy rule only applies to suing one’s employer. If a person at work is injured by a third party – for example, a delivery driver being injured in a crash with a private car – Alabama law allows them to file suit in civil court against the third party, seeking damages, in addition to any workers’ compensation related benefits that employee might receive.

Subrogation Rights For Insurers

While an injured employee is legally permitted to both collect workers’ compensation benefits and to file suit against a negligent third party, Alabama law also allows the employer’s workers’ compensation insurer to place a lien on any jury award you might receive. This process is called subrogation, and it is a method to prevent unfair windfalls – in other words, an injured person is permitted to recover money damages only to the point it would make them ‘whole,’ as opposed to giving them a sudden monetary bonus.

Some might wonder why they might bother filing suit if they will have to surrender a significant amount of the jury award to their employer’s workers’ compensation insurer. The answer is that even with subrogation in play, a civil lawsuit may grant certain benefits that workers’ compensation will not – for example, a person can claim pain and suffering damages in a third-party lawsuit, but not in workers’ compensation. In addition, a knowledgeable attorney on this score can sometimes negotiate a lower lien amount with the insurer if the facts merit it. In most third-party injury cases, filing suit should at least be considered.

We Can Help Make You Whole

Being injured on the job is never a welcome event, and if a third party is involved, seeking  damages can be confusing and difficult. The Birmingham personal injury attorneys at Goldasich, Vick & Fulk can help guide you through the legal process and ensure that all who are entitled to compensation have the best chance to obtain it. Call our office at (205) 731-2566 to schedule a consultation.