This is not an uncommon question and it is very natural to ask it. However, typically the answer is: "It Depends."
OK. What does it depend on?
Claims for benefits under the Alabama Workers' Compensation Act do not operate like a regular negligence lawsuit. For starters, they are claims for benefits, not claims for damages. That means you are claiming benefits available under the Alabama Workers' Compensation Act, and those are the only benefits available.
Let's talk about the good news first. The Alabama Workers' Compensation Act provides a variety of benefits to injured workers:
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Damages are not available unles they are provided for in the Alabama Workers' Compensation Act.
Negligence does not really play a role in Workers' Compensation claims. You can have a negligence claim along with a Workers' Compensation claim, but, negligence claims are usually brought against a different party other than your employer. For example: if you are a devilvery driver and you are in a car wreck while making a delivery. If that car wreck was the other driver's fault, then you would have both a claim for workers' compensation benefits, and a negligence claimf or damages against the other driver. It is very difficult to bring a negligence, or common law claim against your employer resulting from a work-related injury.
What's not available:
All Initial Strategy Sessions are Free. If you would like to discuss your options, you are invited to fill out one of the Contact Forms. I will attempt to contact you if I think I can help you.
During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:
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