Injurious workplace incidents can occur in virtually any industry. Negligent employers, poor training procedures, inadequate safety equipment, hazardous premises, defective products, and careless coworkers can all lead to devastating incidents.
4 Leading Causes of Construction Worker Deaths
According to the Occupational Safety and Heath Administration, the four leading causes of construction worker death.
- Struck by object
- Caught Between an Object
These are each negligence-related causes of death that proper care can prevent. If you’ve been in a workplace incident involving injury, come to our personal injury lawyers in Birmingham. You may be eligible for compensation.
Personal Injury vs. Workers’ Compensation Claim: Which is Best?
After a workplace injury, your first thought may be to file a workers’ compensation claim. While the Alabama workers’ comp system is in place to compensate you for damages sustained on the job, it may not be your best option. If someone else’s negligence in the workplace caused or contributed to your injuries, a personal injury claim may be a better option. Here are a few main differences between the two:
- Requirements for filing. Fault is necessary in a personal injury case, but not for a workers’ comp claim. You do not need to prove negligence to recover via workers’ compensation. You must only have sustained injuries while performing work-related tasks. To bring a personal injury claim on the other hand, you bear a burden of proof to show that the defendant acted negligently, and this caused your incident/injuries.
- Damages available for recovery. Another major difference affects the damages the injured party is able to receive. Workers’ compensation only gives monetary awards for related medical bills, weekly compensation, permanent disability benefits, and vocational rehabilitation. A personal injury lawsuit can result in compensation for all damages you’ve suffered, including lost earnings, lost capacity to earn, pain and suffering, and loss of enjoyment of life.
- Your rights to sue. As soon as you settle via a workers’ compensation claim, you lose your right to bring a lawsuit against your employers and/or coworkers for negligence. This is the agreement workers’ comp insurance makes: it will pay workers’ damages in return for employer liability immunity. Think long and hard about filing a workers’ comp claim over a personal injury lawsuit if you believe someone else’s negligence played a part in your injuries.
It is worth your while to consult with an attorney following a workplace incident that resulted in personal injury. The compensation you can receive in a personal injury claim is valuable enough to make taking time for a free consultation worth the effort. Plus, you can enjoy closure and a sense of justice if you win your case against a negligent or reckless party.
Powers Injury Law: Your Authority for Workplace Injuries
Powers Injury Law, offers free consultations so you can receive professional legal counsel about your case free of charge. During your consultation, we’ll listen to the details of your case, get to know your story, and decide whether we think your claim has merit in the civil courts. Our strength lies in our compassion and empathy for each of our clients. We will learn your case inside and out to determine the very best route moving forward. Our team can help you negotiate with workers’ compensation insurance companies, or file a personal injury claim.
After a workplace injury, you may not know how to protect your rights. You may face confusing questions from your managers, employer, and company’s insurance agents. The best way to make the correct decision for your particular case is to take advantage of our free case evaluations. This is your opportunity to sit with a leading local attorney, discuss what happened to you, and receive sound legal counsel. If you lost your loved one due to a work injury our Birmingham wrongful death attorneys are here to help. To book your appointment call (205) 582-2723 or reach out to us online.