Montgomery Al Lawyer Handling Workers Compensation For Third-Party Negligence Cases
Most often, applying for workers’ compensation benefits is the only way to recover compensation for an on-the-job injury in Alabama. However, there are times when the accident may have been caused by the negligence of a third party unrelated to the employer. In those cases, Alabama law allows the injured worker to file a claim for workers’ compensation benefits from the employer while at the same time suing the negligent party for damages. Pursuing both paths when applicable is the surest way to receive the maximum amount of compensation after a workplace injury. As an experienced personal injury attorney, Chip Nix is able to handle workers’ comp claims and civil claims for negligence that arose out of the same incident.
Examples of Third Party Liability
Since you are the first party and your employer is the second party, anybody not connected to you or your employer is considered a third party. Third party liability claims arise in the workplace in a number of different ways. Some of the most common types of third party claims include:
- You are injured in an automobile accident while driving for your job, such as running errands for your boss, making deliveries, or traveling to a work site
- You are working off-site on another’s property, and you are injured due to a dangerous condition on their property
- You are injured using a tool, machinery or piece of equipment that was defective when it left the factory
Suing a Co-Worker for Willful Conduct
Although you are generally prohibited from suing your employer or a co-worker for an on-the-job injury, Alabama law allows you to bring an action against a co-worker when the co-worker’s “willful conduct” caused the injury. Willful conduct can be found in any of the following situations:
- An intentional act to injure you
- The willful and intentional removal of a safety guard or device
- An intoxicated employee caused the injury
- The employee willfully and intentionally violated a specific written safety rule of the employer that caused the injury, and the employee had previously been notified in writing of a violation of the rule within the last six months
Get Help with Third party Liability Claims from an Experienced Alabama Workers’ Compensation and Personal Injury Attorney
For assistance obtaining the maximum compensation due to you in an Alabama workplace accident, hire an attorney who is well-versed in both workers’ compensation and personal injury negligence claims. In Montgomery and statewide, call Chip Nix, Attorney at Law, at 334-279-7770 for a free consultation.