Can I File Both a Personal Injury Claim and a Workers’ Comp Claim in Alabama?

If someone other than you, your employer, or a co-worker is responsible for your workplace injuries in Alabama, you may be able to pursue two claims — one for workers’ compensation benefits and another one for personal injury compensation.

Alabama workers’ compensation law provides benefits if you suffer an injury on the job. However, in most cases, it prevents you from suing your employer or co-workers, even if their negligent conduct harmed you.

On the other hand, the law does allow you to file a personal injury lawsuit against a negligent third party who is neither your employer nor a co-worker. However, if you obtain compensation in a personal injury claim, your employer’s workers’ compensation insurance carrier may claim part of your personal injury settlement.

When you work with Gartlan Injury Law, an experienced workers’ compensation and personal injury lawyer can help you determine the right path for seeking maximum compensation after a workplace injury. To learn more about how we can help you, contact us today and receive a free consultation about your case.

What Are Some Examples Where a Third Party Could Be Held Responsible for Your Work-Related Injuries?

If someone other than your employer or a co-worker causes you to be injured while on the job, that third party may be liable for your losses. You could pursue compensation from them in a personal injury claim. The following are situations when it may be possible to file a claim against a third party for on-the-job injuries:

• A car accident that another driver causes while you are on a business trip
• A homeowner’s or business’s dog attacks you while you are making a delivery
• Scaffolding erected by a contractor your employer hired collapses
• Personal protective equipment (PPE) fails and causes you to suffer respiratory illness.

In most cases, your co-workers enjoy the same protection from personal injury lawsuits that your employer does. However, your co-workers have no protection if their “willful conduct” causes your injuries, such as intentionally harming you or causing harm due to their intoxication.

Compensation for You: Workers’ Compensation Benefits vs. Personal Injury Damages

Workers’ compensation benefits consist of payments for the following:

• Full medical and rehabilitation expenses stemming from your workplace injury
• Weekly disability compensation at a rate of 66.66% of your average weekly earnings for the last year before the accident or injury occurred (subject to minimum and maximum amounts that change each year).

An injured employee receives temporary disability payments until they recover and return to work. Permanent partial disability payments are paid for terms defined by law, according to the loss. For example, benefits are paid for 62 weeks for the loss of a thumb. Permanent total disability payments may continue for life.

Personal injury claims in Alabama may seek compensation for the following:

• Full medical and rehabilitation expenses
• Total lost income while disabled, including regular salary or hourly pay, bonuses, commissions, and benefits
• Lost or reduced earning capacity due to disabling injury
• Pain and suffering
• Loss of enjoyment of life for disabling injuries that cause ongoing hardship or inability to participate in activities they once enjoyed

As you can see, you may recover compensation in a personal injury claim that is not available from workers’ compensation. But you cannot be paid twice for the same losses. After a successful personal injury claim, your employer’s workers’ compensation insurer will seek reimbursement for what it has paid out to you.

An injured employee should promptly file for workers’ compensation, with the help of an attorney, if your employer does anything to stand in the way of your claim. Workers’ compensation is a no-fault insurance program, which can begin paying benefits in a matter of days. With money coming in to support you and your family, you and your attorney can consider the prospects for your personal injury claim.

How Do You Prove the Third Party Contributed to Your Work Injuries?

To prevail in a personal injury claim against a third party, you must prove the following four elements:

• Duty — Everyone is obligated to avoid putting others in danger. For instance, drivers have a duty of care to obey traffic laws, property owners must ensure their premises are safe for lawful visitors or adequately warn them of hazards, and manufacturers must ensure their products are safe when used as intended or warn consumers of any risks their use entails.
• Breach — You must show the third party failed to fulfill the duty of care the party owed to you. For instance, a driver texted while driving and, in turn, could not stop on time and avoid crashing into the rear of your delivery van.
• Causation — You must also show the third party’s actions, or their failure to act, directly caused your injuries.
• Damages — Finally, you must show that you suffered actual harm, such as medical expenses, lost wages, pain, and suffering.

What Is the Deadline for Filing Either a Workers’ Compensation Claim or a Personal Injury Claim in Alabama?

For a workers’ comp or personal injury claim in Alabama, you have only two years from the date of your injury to file a claim or a lawsuit. Investigating an accident and preparing a workers’ compensation claim and personal injury case, or third party claim, can be time-consuming. Also, evidence and witnesses’ memories degrade over time. So, you should not wait to consult an experienced lawyer to learn about your rights and options to recover compensation through a workers’ compensation claim or through a separate personal injury lawsuit after you suffer a workplace injury.

Contact an Alabama Workers’ Compensation Lawyer Today

At Gartlan Injury Law, we are passionate about helping workers pursue maximum compensation after they suffer injuries on the job. We put people first and work tirelessly to protect their rights and futures.

Contact us today to learn more about pursuing compensation through a workers’ compensation claim and a personal injury lawsuit. We can review your case in a free consultation.

Visit Our Alabama Workers’ Compensation Law Offices