Workers' Comp Sucks. Can You Get More Money?

It’s no secret among lawyers -- workers’ compensation laws do not provide sufficient benefits to workers who are hurt on the job.  So what are some other legal avenues to get more money when you have a bad injury while working? The circumstances of how you got hurt may allow for a lawyer to find additional compensation.  

But before we go further, check out this quick primer on the basics of workers' compensation laws from my dad:

While the majority of injured workers will be limited to workers’ compensation benefits, here are three exceptions in which additional compensation may be pursued:

1)    When the injury was caused by the negligence of a “third party”

Under Alabama law, you cannot sue your employer or even a co-worker for negligence if you were injured on the job.  However, if the person or company who negligently injured you was not your employer or co-worker (i.e. a “third party”), you can bring a claim against that person/company for compensation in addition to workers’ compensation benefits.

The most common situation involves an automobile wreck. For example, if you are a delivery driver and another person runs a red light and injures you while you are making deliveries, you would be entitled to both workers’ compensation benefits and damages from the other driver. Other examples include injury by a defective product while on the job or being injured on a job site by someone acting as an independent contractor. 

If you successfully recover money from the “third party,” then the workers’ compensation carrier may be entitled to be reimbursed money it paid for your medical treatment.  Nevertheless, it is almost always worth pursuing the third party case .

In workers’ compensation cases, the injured worker cannot recover damages for pain, suffering, and mental anguish. Yet in third party cases, the injured worker can recover all types of damages if the worker can show that the third party was negligent.

Here's an explanation from one of our attorneys about the legal definition of "negligence":

 2)    "Willful Conduct" of a Coworker is Another Way to Get More Money

I already told you that you can't bring a claim against a coworker for negligence.  But in rare cases, a coworker may injure someone in a willful manner.  Alabama Code Section 25-5-11(c)(1) allows an injured worker to bring a claim against a coworker for willful conduct that caused the injury.

The Alabama Supreme Court has stated that to prove “willful conduct”, the injured person must prove that the co-employee acted with substantial certainty that injury would occur or acted with a design or intent to injure.  As you may guess, these claims are difficult to prove, because the coworker will rarely admit to intentionally injuring another.  However, a good lawyer can build a case with enough circumstantial evidence of intent. 

3)    Willful Removal of a “Machine Guard”

 Alabama Code Section 25-5-11(c)(2) allows for an injured worker to bring a claim against a coworker, usually in upper management of the company, for the removal of a machine guard.  The injured person must show that the guard’s primary purpose was for safety and that the guard was provided by the manufacturer of the machine.  

In addition, the Alabama Supreme Court has interpreted the word “removal” liberally.  Decisions of the Supreme Court have held that “removal” of a guard is the same thing as “failure to install” a guard, “failure to maintain” a guard, and “bypassing” a guard. Therefore, an injured worker must only show that the guard was made available from the manufacturer for safety purposes and was intentionally not put in use by the company. 

In almost all instances, when you are injured on the job, you are entitled to workers’ compensation benefits.  But if your injury is severe, you should contact a lawyer who specializes in workers’ compensation cases.  A lawyer who specializes in this area can investigate the possibility of finding additional compensation.

Finally, check out the video below to see how your personal injury will be paid: