Birmingham Workers’ Compensation Attorneys

How a Birmingham Workplace Injury Lawyer Can Help

Cross & Smith is dedicated to helping on-the-job accident victims in Birmingham and surrounding areas recover the compensation they deserve. We have successfully represented numerous workers in Birmingham on-the-job injuries cases and workers’ compensation claims. Our caring, Birmingham workers compensation attorneys thoroughly evaluate all legal options and tailor a strategy of greatest advantage to you.

Accidents at Work or On-the-Job

Hard-working Americans spend more time at work than any other place. Some people work multiple jobs trying to make ends meet. That is why an accidental injury is more likely to happen suddenly or over time while performing job-related duties. Work stress also contributes to worry and fatigue, making the employee more susceptible to injury on the job. Demanding jobs do not need to involve hard labor to make you ill or exacerbate an existing condition. Common examples of sudden or developing on-the-job injuries include:

• Slip and falls
• Carpel tunnel
• Chronic fatigue
• Chronic back pain
• Sciatica, tendonitis
• Chemical fire, burns
• Construction injuries
• Electrical malfunction
• Exposure to toxic chemicals

Will I Lose My Job If I File A Workers’ Compensation Claim?

Recovery through Workers’ Compensation Claim

Most employers in Birmingham and elsewhere in Alabama are required to provide workmen’s compensation benefits in the event of an on-the-job accident or injury. The Alabama Workmen’s Compensation Act was enacted in 1919 and is found in the Code of Alabama. It contains detailed and specific rules regarding employments covered by the act and benefits provided by the act. It is the employee’s exclusive remedy against the employer for on-the-job accidents and injuries. An accident must arise out of and in the course of employment in order for the act to apply. The Workmen’s Compensation Act provides medical benefits, disability benefits and death benefits. These benefits are specific and depend upon the type and extent of injury. Medical benefits should be available for treatment of the injury for the duration of the employee’s life unless the employee elects to terminate future benefits. Disability benefits are classified as temporary and/or permanent and are either partial or total depending on the nature of injury and recovery. The amount of death benefits is determined by whether there are any eligible dependents. Our trusted Birmingham workers compensation attorneys can provide valuable advice about benefits available under the Workmen’s Compensation Act.

If I’m Injured on the Job is My Recovery Limited to Workers’ Compensation?

Employees in Birmingham and other parts of Alabama are consistently exposed to danger, whether they fall from collapsing scaffolds or sit for hours before a screen. Using power tools and heavy machinery is always a risk for factory and construction workers throughout the state. Many on-the-job injuries are preventable and caused by negligence. In addition to workmen’s compensation benefits, employees may be entitled to additional recovery from any third parties that negligently cause injury to the employee. Negligent third parties can be premise owners or general contractors for failure to keep the work site reasonably safe from danger, manufacturers of dangerous products that cause injury, subcontractors that negligently cause injury to employees of other subcontractors, motor vehicle operators or any person or entity other than the employer who or which negligently causes injury to the employee. It is important for an attorney handling a workmen’s compensation claim to investigate and determine whether any third parties are responsible for the employee’s injury. If so, the employee may be entitled to damages that are in addition to those provided by workmen’s compensation.

Workers’ Compensation Prevents Negligence-Based Claims

Workers’ compensation protections prohibit employees from bringing negligence-based claims against their employers.  Instead, any employees who are injured at work are meant to submit a claim for workers’ compensation to obtain benefits that can cover their losses (at least in part) — this is meant to serve as a tradeoff for being able to secure benefits even in cases where the injury was not caused through any fault of the employer.

If you are an employee who was injured in the workplace, it’s important to understand that you are not left without options for a lawsuit, however — your workplace injury lawyer may still be able to bring a lawsuit against your employer for intentional or reckless misconduct.  Further, if a third-party contributed to your injuries (i.e., a contractor, or passersby), then you may be entitled to sue and recover from that third-party.

Intentional or Reckless Conduct

Under Alabama law, employees are precluded from bringing negligence-based claims against their employers (due to workers’ compensation protections).  However, an employee is entitled to bring a claim against their employer if it is based on the employer’s reckless or intentional misconduct.

For example, suppose that you are injured while at a construction site.  As it turns out, the owner and you had an argument, and the owner decided to “get revenge” on you by manipulating the ladder equipment so that it would collapse.  As such, when you use the ladder, it collapses and you injure yourself.  Under these circumstances, you could possibly have a claim against your employer that your worker’s compensation lawyer could pursue on the basis that they intentionally caused you harm.

Hiring the Right Birmingham Worker’s Compensation Attorney Makes a Big Difference

If you have suffered an on-the-job injury, contact an experienced Birmingham workplace injury lawyer at Cross & Smith today. Our lawyers have successfully handled work accident cases and workers’ compensation claims in Birmingham and other parts of Alabama. We will advise you of all your options and work with you to find a solution that fits your needs. Whether you are filing for workers’ compensation benefits or a personal injury claim, legal counsel can vastly improve your chances of obtaining relief. Our workers compensation lawyers know the process and fight for your rights at every turn. At Cross & Smith, we know that on-the-job injuries can put you out of work. That is why we are dedicated to helping you maximize your recovery at trial or through settlement. Call (877) 791-0618 today for a free consultation or contact us online.