Injuries on the Factory Floor – Can I Sue my Employer?

Alabama was recently named among the best states for manufacturing by Global Trade Magazine. Our state has over 270,000 manufacturing workers, making up just under 15% of the overall workforce. According to the National Association of Manufacturers, Alabama has the fifth highest concentration of manufacturing jobs in the nation, and state government policies are geared toward attracting more factory jobs in the coming years.

Though the rapid growth of manufacturing jobs has been a boon for our state economically, there are some potential drawbacks. Factory workers face many hazards on the job. The assembly line can be a dangerous place, with heavy equipment and machinery that operates at a rapid pace to produce and package goods effectively and cost-efficiently.

Because of the nature of their jobs, workers in plants and factories are susceptible to a wide range of injuries, such as:

• Overexertion
• Repetitive Motion Injuries
• Crushing Injuries (e.g., severed limbs)
• Slips and Falls
• Being Struck By/Struck Against Injuries
• Burn Injuries from Fires and Explosions
• Exposure to Toxic Substances
• Transportation Incidents

Can I Sue my Employer for Injuries on the Factory Floor?

In Alabama, most workers are covered by workers’ compensation insurance. Workers’ comp is a system in which the employer is required to cover medical expenses related to your work-related injury, 2/3 of your average weekly wage for time missed from work, rehabilitation, and a certain amount of benefits for various types of debilitating conditions. Workers’ comp is a “no-fault” system, meaning covered employees are eligible for benefits regardless of who is at-fault for the illness or injury. There are a few exceptions to this, such as incidents resulting from intoxication on the job and workers who cause themselves intentional harm.

In exchange for the “no-fault” provision, employees are generally barred from bringing a civil lawsuit against their employer. That said, there are some rare instances in which a factory worker might have the right to sue their employer:

Your Injury is Not Covered by Workers’ Compensation Law

Alabama requires employers with five or more full-time employees to carry workers’ compensation insurance. If you are injured on the job and your employer does not have workers’ comp insurance, you may be able to bring a personal injury claim under the Employer’s Liability Act. This may allow you to recover a wider range of damages; including pain and suffering, mental anguish, and diminished quality of life.

It is important to note that an employee cannot bring a personal injury claim against an employer if their injury was already covered by workers’ compensation, even if they allege that the employer’s conduct was intentional and egregious. In 2016, the Alabama Supreme Court ruled that employers have complete immunity to civil claims and Employer’s Liability Act claims when the Workers’ Compensation Act applies.

You were Wrongfully Terminated for Filing a Workers’ Compensation Claim

In Alabama, it is illegal for an employer to terminate an employee or retaliate against them in any other way solely for filing a workers’ comp claim or filing a written notice of a worker safety violation. Wrongful termination claims and other types of employment discrimination claims can be difficult to prove. If you believe this has happened to you, it is important to retain all written communication between you and your employer and any other evidence that may help prove your case. In addition, it is important to retain an experienced attorney who has specific knowledge of Alabama Workers’ Compensation Law and Employment Law, and how the two areas converge during these types of cases.

When Another Party is Responsible for your Injury

While you may not be able to sue your employer for injuries on the factory floor, it might be possible to bring a lawsuit against a third party if they were responsible for the injury. For example, if you were injured because of a piece of equipment or machinery that malfunctioned, you may be able to bring a personal injury claim against the manufacturer, supplier, or distributer of the product. Another example is if you were injured in an auto accident on the job and it was the fault of the other driver. In this case, you may be able to file an injury claim against the other driver’s insurance company.

Speak with a Seasoned Alabama Attorney

Suffering an injury in a factory can turn your whole life upside down. High medical bills, time missed from work, and the pain and suffering that comes with it can put major stress on injury victims and their families. When this occurs, it is important to speak to a skilled injury attorney, so you fully understand your rights and options.

Chip Nix, Attorney at Law, has been standing up for the working people of Alabama for over 45 years. Attorney Nix has handled numerous workers’ compensation, personal injury, and employment law cases, and he has extensive experience and a successful track record helping workers obtain appropriate relief. He can thoroughly analyze your case and go over all your options with you, so you can pursue the best legal path toward a favorable result.

For a free consultation with attorney Chip Nix, contact our office today at 334-279-7770. You may also send a secure and confidential message through our online contact form or stop by our Montgomery office.