Industrial Accident Due To A Coworker's Negligence

April 20, 2020

Industrial Accident Due To A Coworker's Negligence

Pile of safety equipment: hard hats (yellow, blue, white), ear protectors, mask, gloves, and paperwork on a wooden surface.

If you work in a dangerous industry, you might rely on safety procedures and equipment on a daily basis. One mistake can result in industrial accidents and potentially life-changing injuries. Sometimes, industrial accidents are unavoidable, though they can also happen because a coworker engaged in negligent conduct.

Common Industrial Accidents Caused by Negligence
Many types of accidents can happen on construction sites, in warehouses, in manufacturing plants, and in other work environments. Some common industrial accidents that occur when someone acts improperly include:

●   Falls from high places
●   Heavy equipment accidents
●   Power tool accidents
●   Getting hit by falling objects
●   Chemical exposure or burns

These can happen for many reasons, including errors by a coworker, and they can cause serious injuries and losses.

Covering Your Losses
When a driver is negligent and causes injuries from a car accident, injured victims can file a claim to seek compensation for their losses from the negligent driver’s insurance company. However, the situation can be different if an accident happened at work due to a coworker’s negligence.

First, you will want to file a workers’ compensation claim. Workers’ compensation should provide benefits after nearly any type of on-the-job accident, regardless of whether the accident was someone else’s fault or not. Workers’ compensation benefits can include:

●   Coverage of all medical expenses
●   Wage replacement equaling two-thirds of your average weekly wages
●   Disability benefits if you cannot return to work for some time or at all

Many workers’ compensation insurers will try to limit the benefits they pay out to injured workers, so it is important to have an experienced workers’ compensation attorney handling your claim to protect your rights. If your claim is denied for any reason, your first call should be to an attorney who can help you appeal the denial.

Can You Sue Your Coworker or Employer?
Workers’ compensation does not provide payment for pain and suffering or other intangible losses, which can be extensive if your injury is severe. It is normal to wonder whether you can file a lawsuit against your coworker or employer since the accident happened due to negligence.

In Alabama, workers’ compensation laws prohibit injured workers from suing their employers or coworkers for negligence. You do have the right to file a claim against a negligent third party - such as an equipment manufacturer or another driver - though you cannot sue your employer.

The exception to the rule is if your coworker acted willfully. Willful conduct gives rise to your right to file a lawsuit, and you must prove that:

● Your coworker acted with the intent or design to injure, or
● Your coworker acted with the substantial certainty that injury would result from their conduct

This does not apply if a coworker made a negligent error, though you should speak to an attorney about a possible right to file a third-party claim or a claim against a coworker who acted willfully. You must pursue your claims within a specific time which is two years from the date of the negligent act or accident. If you fail to protect your rights within that time limitation, then your claim could be forever barred. It’s also important to hire an attorney soon to make sure that witnesses can be contacted and interviewed about the accident.

Contact a Workplace Accident Attorney in Alabama Right Away
Attorney Matt Matthews represents injured workers in both workers’ compensation cases and third-party claims. Call 334-398-8408 or contact us online to discuss your legal options for compensation today.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

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