Determining Fault in Alabama Workplace Injury Cases
Dothan personal injury attorney investigates liability for on-the-job accidents.
Employees who are injured at work generally file claims under Alabama workers’ compensation. This is a no-fault system designed to promptly reimburse injured workers for their medical expenses and partial lost wages. Although workers’ comp prevents an employee from suing an employer for other damages, such as pain and suffering, it is possible in some cases to hold third parties liable. In that event, it is necessary to prove fault for the accident. At Carey & Hamner, P.C., our Dothan attorneys carefully investigate all the evidence in such cases and take all measures needed to help our clients obtain the maximum financial benefits they deserve.
Third-party liability for an Alabama at-work injury
If you were involved in an on-the-job accident caused by someone who is not your employer or a co-worker, that person might be held liable for negligence. Examples of third parties include:
- Subcontractors and independent contractors workers on a job-site
- The driver of another vehicle that hit you while you were traveling for business
- A manufacturer who made defective equipment that malfunctioned
- A mechanic who did not properly repair the company vehicle you drove
- The owner of a property with hazardous conditions that you visited for work
Our Alabama workers’ compensation attorney will investigate your case, advise you whether you have a third-party claim and take the necessary action to pursue it.
What evidence is needed to prove fault in a workplace accident?
Proving third-party fault for your workplace injury requires showing that the party owed you a duty of care, that they failed in that duty, that their failure led to your accident and that you sustained injuries as a result. Types of evidence we will gather to prove their negligence include the following:
- Accident reports
- Eyewitness statements
- Expert witness testimony
- Photographs and/or video of the accident scene
- Doctor reports
- Product documentation for defective parts or equipment
- The product that injured you
There are steps to follow if injured at work that will help ensure that this evidence is available for us to build your claim. You should also notify your employer right away after a workplace injury so that your workers’ comp claim can proceed swiftly.
If you recover compensation in a third-party claim and also collected workers’ compensation insurance, the workers’ compensation insurer can put a lien on the proceeds of the lawsuit to recover some or all of the benefits that were paid to you.
What happens if more than one party is at fault?
Sometimes more than one third party may be at fault for a workplace injury. You can file a lawsuit against all third parties who caused your injury. However, if it can be proved that you shared any fault at all for the accident, you will be barred from recovering any damages at all under Alabama’s contributory negligence law. We will investigate all the evidence and, if possible, will make the case that you were not in any way responsible for the accident that injured you.
Contact a resolute attorney in Dothan for help with your work injury case
The skillful Alabama lawyers at Carey & Hamner, P.C. in Dothan, advocate strongly for the rights of workers to receive compensation in on-the-job injury cases. Arrange a free consultation with one of our attorneys by calling 855-435-4797 or contacting us online.
