PRACTICE areas
Workman Comp Lawyers
*Disclaimer: The guide on this page does not officially reflect Glenda Cochran & Associates LLC’s practices but is instead a preview of our approach to the topic. Only consult directly with a professional, bar-licensed attorney you trust for authorized advice concerning the legal aspects of a specific case.
Every workplace has hazards that can result in accidental injuries to employees. Unfortunately, workplace injuries can result in astronomical medical bills, lost wages, lost earning capacity, disability, and long-term pain and suffering. Living with this unwanted responsibility and pain is highly stressful for you and your family.
On the bright side, for individuals with workplace injuries in Birmingham, Alabama, the area’s leading representatives in workers’ compensation law at Glenda Cochran & Associates, LLC, are here to guide and support you. Keep reading to learn more about compensation for workplace injuries in Alabama and how we can help.
Workers’ Compensation in Alabama
Differences Between
Workers’ Compensation and
Third-Party Claims
Workers’ compensation laws create what is essentially a “no-fault” system. It is favorable to injured workers insofar as they are virtually certain to receive some compensation and medical coverage so long as there is an employer-employee relationship and the injury arose out of and in the course of the employment. In short, it doesn’t matter who might have been at fault for the accident; the injured employee will receive compensation.
While workers’ compensation is usually awarded, the liability of the employer (and its insurance carrier) under the Workers’ Compensation Act is significantly limited. Specifically, the employer and the carrier are only required to pay certain, relatively fixed economic losses, such as the cost of medical care and rehabilitation, and a percentage of the worker’s average weekly wages for a defined period of time. Most notably, workers’ compensation does not cover physical pain, mental or emotional suffering, or complications of quality or enjoyment of life. An injured employee also has no right to establish a jury trial under the Act.
Finally, the employer’s liability for a covered workplace injury as provided by the Act is exclusive, meaning that an employee cannot sue the employer for its negligent or wanton misconduct even if it caused the accident.
In a third-party claim, you are suing someone other than your employer for having caused or contributed to a workplace accident. Such a claim may be brought as part of a lawsuit in which you are seeking workers’ compensation from your supervisor, or you might need to establish it separately. As the victim of an injury, you are considered the first party, while your employer and coworkers are the second party. Any other person involved is considered a third party.
A few examples of third parties who might be held liable for your injuries are:
- Someone other than your employer who owns or operates the premises where you were working
- A contractor or subcontractor whose employee was operating equipment on the job site
- Manufacturers of defective products used at work, such as vehicles, tools, piping, valves, boilers, or other equipment or machinery.
- A company whose employees installed, serviced, or inspected equipment or machinery at the job site
- Anyone else who is not employed by your employer whose negligence of their responsibility to uphold safety standards causes your workplace injuries.
Unlike “no-fault” workers’ compensation claims against the employer, to recover on a third-party claim, an injured employee must prove negligence on the part of the third party, that is, that they failed to act with due care and thereby caused an injury. Also, unlike workers’ compensation cases, the defendant in a third-party case may assert as a defense that your own negligence caused the accident. The injured worker may also sue the third-party defendant for all injury compensation generally authorized by law, as well as for punitive damages meant to punish and deter wrongful conduct.
Depending on the events of the accident, you may be entitled to compensation against the third party for:
- Pain and suffering
- Hedonic damages, such as decreased quality and enjoyment of life
- Medical expenses (present and future)
- Lost income
- Lost ability to work and earn an income
- Lost spousal consortium
- Rehabilitation services
- Vocational training
You will also have the right in a third-party case to demand that a jury resolve disputed facts and circumstances underlying the claim as well as the amount of compensatory and punitive damages that the defendant must pay.
Accidents at Factories
Factory workers fulfill essential job roles in producing and processing consumer products (e.g., food, beverages, clothing, pharmaceuticals, chemicals, cosmetics, and even shotgun ammunition). Despite these workers’ critical role in the factory business, they are at risk daily due to several potential hazards in their work environment.
Unfortunately, the following risks in the factory business often result in costly workplace injuries or even employees being killed:
This leading risk of workplace accidents is caused by clutter, spills, or leaks on the factory floor.
This type of injury risk is due to working with mechanical parts, like filling machines and conveyor belts
This type of injury is caused by contact with pharmaceutical ingredients or toxic chemicals, which lead to health problems, severe burns, and respiratory issues.
Repetitive tasks like filling, sealing, pulling, and packaging products put workers at risk of injuries and pain, such as carpal tunnel, strains, and sprains.
Accidents at Factories
1. Report the occurrence of the injury to your supervisor, and if there were any witnesses, ask them if they saw what happened and if they’d be willing to corroborate your story. Also, if a security camera in the workplace could have captured the moment you were injured, try to obtain the footage or note the exact time and date so your legal representatives can collect it during their investigation.
2. Seek first aid immediately, then promptly seek professional medical attention and get a copy of any related bills, medical records, or other important documentation
3. Contact a Lawyer and File a Claim: Submit a workers’ compensation claim to the relevant board or agency with the help of a knowledgeable worker’s compensation attorney.
Why Choose Glenda Cochran Associates?
We’ve been defending Workplace Injury victims for 30 years
With more than three decades of representing injured workers, we are more than your average attorney; we are the law firm that’s going to fight to deliver the justice and compensation you deserve.
We’re the Birmingham Workers Compensation Lawyers You Can Count On!
With our extensive experience passionately defending clients with workplace injuries and being involved in this area of law, we understand how devastating excess medical bills, loss of wages, and physical pain can be from a workplace accident. We want to help you get paid, recover from your injury, and return to a thriving life.
That’s why we offer our legal service for our valued clients in Birmingham on a contingency fee basis; we don’t expect payment until we win your case. Plus, we’re not looking to take your winnings from you—we want you and your family to benefit from our partnership as much as possible financially, and we will do whatever we can to make that happen.
To further relieve you of financial strain and unnecessary hassle during this challenging time, we will review your case with a free consultation.
We Offer Comprehensive Legal Support for Victims of Workplace Injuries
The head of our Birmingham firm, Glenda Cochran, is passionate about giving our Birmingham clients the best legal counsel. You can trust that everyone involved at our law firm shares this devotion. Approaching your case with empathy is a great priority to us. We are here to believe you, listen closely to your story, and support you however possible.
Schedule a free consultation with Birmingham’s leading representatives in worker’s compensation law.
Want to see our team taking action in our community? Check out our media gallery for blogs, videos, real testimonials, and more.
Workplace Injury FAQsWorkplace Injury FAQsWorkplace Injury FAQs
Third-party claims are brought in a lawsuit by or on behalf of a worker against someone other than the worker’s employer or co-employees for an injury or death suffered at work. Third-party claims typically involve allegations that the third party engaged in negligent or reckless misconduct or sold a defective product that caused or contributed to causing the accident that injured or killed a worker.
Subrogation refers to the right of a insurer to recover money it has paid to, or on behalf of, an injured person when someone else is legally responsible for the injury. It is based on the principle that an injured person should not be compensated twice for the same injury and that an insurer should be reimbursed for payments it has made because of wrongdoers. It is common in third-party actions for employers or their workers’ compensation insurance carriers to assert a right of subrogation for amounts they have paid on behalf of injured employees pursuant to state workers’ compensation laws. However, the amount that can be recovered is reduced by insurance company’s pro rata share of attorneys’ fees and expenses incurred to collect these monies.
The employer is responsible for any medical bills in connection with an approved workers’ compensation claim, according to the Code of Alabama 1975, 25-5-77(a). However, medical care is also largely controlled by the employer or its insurance carrier. Except in cases of emergency, the employer/carrier is entitled to select the primary care physician to provide treatment and who must recommend or approve further treatment by specialists. Furthermore, the employer/carrier will often seek to have an injured worker sign forms authorizing the release of medical records. However, an injured worker should be wary of signing such forms and should, if possible, have an attorney review them before signing. A release form may be so broadly worded as to grant not only the insurer but the worker’s own employer access to private information unrelated to the workplace injury or that would otherwise be protected by law. For example, under Alabama law, all communications with a psychologist or other therapist are privileged (Ala. Code Sec. 34-26-2.). With a signed release that doesn’t protect these interests, the employer might obtain records including such communications or other highly sensitive information, such as treatment for substance abuse counseling or sexually transmitted diseases. Finally, injured employees should also be aware that the employer/carrier will routinely hire a case manager whose job is nominally to “coordinate” medical care. Unfortunately, such case managers may put the interests of the employer/carrier ahead of those of the injured worker by seeking to minimize the extent of treatment. For these reasons, you need to speak with an attorney before you sign any release or speak with a case manager.