No matter how many precautions an employer takes, accidents happen. When accidents are minor, employees tend to seek medical treatment and carry on with their work. However, severe workplace injuries caused by an accident or serious conditions, caused by repetitive motions or exposure to harmful chemicals, can have lasting effects on a victim’s emotional and physical health. They may require surgery and time off from work, often saddling the employee with high costs. Whit Thomas is a skilled Foley work injury lawyer committed to helping those who have been hurt on the job. Although we handle some workers’ compensation cases, we focus on cases in which the worker has claims against a third party, such as a subcontractor, or the manufacturer of equipment or machinery that was defectively designed or installed and caused an employee’s injuries.Holding a Third Party Accountable for Your Harm
Every year, thousands of workers suffer from work-related injuries or illnesses. According to the Bureau of Labor Statistics, a branch of the United States Department of Labor, there were 81 fatal work injuries in Alabama in 2012. Nationwide, a total of 4,383 fatal work injuries were recorded in 2012. Tens of thousands of workers suffered non-fatal workplace injuries and illnesses that same year.
In a third-party claim lawsuit, the injured worker or the worker’s family seek monetary damages from the negligent party or parties who caused the work-related accident. This means that, in addition to workers compensation, you may be entitled to recover if your injury was caused by someone other than your employer. If you’ve been hurt because of the careless actions of a contractor or subcontractor, or due to injury from equipment or machinery used on your job, you may be able to pursue a third-party claim against that person or entity.
Third-party claims are common on construction sites, where a number of different parties are responsible for maintaining the premises. If a worker injures his or her back after slipping and falling on a wet floor, the worker can pursue a claim against a cleaning company that failed to place “wet floor” signs on the ground to indicate a slick surface.
Third-party claims are rooted in the theory of negligence, which is defined as failing to take proper care. To succeed on a negligence claim, the victim must show that:
- The defendant had a duty to use reasonable care;
- The defendant failed to use reasonable care;
- The defendant’s failure to use reasonable care caused an accident; and
- The plaintiff suffered harm as a result.
In the example above, a cleaning company using reasonable care would use signs to indicate that the floor was wet to avoid the foreseeable risk of someone slipping and injuring themselves.Damages Available for Alabama Victims of Work Injuries
If you succeed on your third-party claim, you may be entitled to compensation from the party that caused your injury. You may be able to recover for pain and suffering, medical care, lost income, rehabilitative services, vocational training, and any other financial costs associated with the accident.
In some instances, it is possible to get reimbursed for travel to medical appointments, prescriptions, and other expenses related to your work injury. It is crucial to find an attorney who is well-versed in this area of law to coordinate your claims and maximize your recovery.Discuss Your Case with a Foley Injury Lawyer
If you've suffered a workplace injury, you may be entitled to compensation. Our firm will work diligently to maximize your chances of recovery. We understand that a work-related injury can affect every aspect of your life. Once we speak with you, we can come up with a specific strategy based on your personal situation. When you’ve been injured in a work accident, your primary focus should be on getting better, while our focus will be working on your case. Having the right legal team on your side can make all the difference. Please give our capable Alabama work accident attorney a call at (251) 943-9330, or reach us online to arrange a free initial consultation today.