Brought to you by Belt, Bruner & Barnett Personal Injury Lawyers:
Businesswomen are making great strides in nearly every business sector in Alabama. The state is making an effort to recognize them with several events and awards.
While businesswomen work their way to the top of their field, there are several hazards they need to look out for. Some are professional obstacles. Others are physical and occupational hazards.
If you’re a businesswoman in Alabama, you must be aware of the dangers of hazards in the workplace. It’s also important to know when you can be compensated for injuries sustained due to negligence.
Alabama enforces several laws that guide workplace injury claims. This includes workers’ compensation and personal injury cases. If you’re familiar with how the process works, it can help you recover damages in case of an accident.
Why Do Workplace Injuries Happen?
Chances are you’re very busy at work. You have to oversee operations, motivate employees, and meet with potential business partners. This means you don’t have a lot of time to focus on workplace hazards. If someone is negligent where you work, you’ll likely only know about it after you get hurt.
Negligence can cause severe or even catastrophic injuries. For example, someone may spill something on a tiled floor and not clean it up. When you walk from the boardroom to your office, you may slip and fall because of this negligence. Your fall can result in terrible injuries.
Slips and falls can also happen because of cluttered or too-small workspaces. It could be a safety hazard if you have to squeeze by desks to get to another part of the office.
You may suffer a strain or sprain if your work includes physical activity like lifting objects or performing the same manual task repeatedly. If your company doesn’t provide ergonomic support, it may be liable for your injuries.
If your job involves toxic substances, you’re at risk of health complications. This usually happens when a chemical spills in a poorly ventilated space. In this instance, you can also pursue a compensation case.
How Alabama’s Laws Affect Injury Compensation
If you’re hurt in the workplace because of negligence, Alabama law provides two ways to recoup your losses.
- Workers’ compensation. Most employers in Alabama have workers’ compensation insurance. This no-fault insurance system will pay out even if you were partly to blame for the accident.
If you file a claim, you can get a settlement covering your losses and damages. This includes medical treatment, loss of income, and disability benefits if relevant.
If you want to file a workers’ compensation claim, you must report your injury within five days. Otherwise, your employer and their insurer may try to deny that you’re entitled to a settlement.
- Personal injury lawsuits. Workers’ compensation claims are usually filed when an injury happens because of a workplace hazard. If you’re injured by negligence, you could file a personal injury claim against your employer.
Workers’ compensation claims don’t work like personal injury claims. To file an official personal injury claim, you must prove that your employer failed to provide a safe workplace.
If you have the needed evidence, you can hire a personal injury lawyer to help you initiate the process. Your lawyer will calculate the compensation you need. They’ll also file the claim within the deadline of Alabama’s two-year statute of limitations.
What to Do If You Are Injured at Work
Following these steps is crucial if you’re injured because of occupational hazards or negligence.
- Get immediate medical help. Report your injury immediately if you can get up after your accident or fall. Then, get a medical checkup from an employer-approved medical provider.
- While you’re still at the scene of the incident, take photos of your surroundings. Also, get images of what made you trip, slip, or fall. Also, take photos of your injuries.
- You can choose to file a workers’ comp claim. Your employer must give you the right forms so you can start the claims process. If your claim is denied, ask your lawyer for help.
- Alabama follows contributory negligence laws. This can make your claim very complicated and hard to win. However, a skilled lawyer can help prove that your employer is liable for your injuries. They will also fight on your behalf for full compensation.
Main Differences Between Workers’ Compensation and Personal Injury Claims
You must know the differences between your two claim options to make the right choice in your specific case.
For instance, as mentioned, fault is not usually a factor in a workers’ comp claim. You can get a settlement regardless of why you were injured.
Personal injury cases rely on evidence, so you have no case if you cannot prove your employer was negligent. Moreover, workers’ comp benefits are limited. You may get a payment that covers your medical bills. Still, your lost wages may only be partially covered. You may also struggle to get disability benefits.
On the other hand, a personal injury claim can get you a larger payout. If your lawyer wins your case, you can cover your medical costs, lost wages, and more. You can also claim non-economic damages, including emotional anguish, pain, and suffering.
If you suffered extreme injuries or a disability because of gross negligence, you may be able to claim punitive damages.
Your Employer’s Responsibility Towards You
Your employer has a responsibility towards you and all other employees to provide a safe working environment. If your daily job includes tasks needing training or safety gear, your employer must provide one or both.
Moreover, your employer must abide by OSHA (Occupational Safety and Health Administration) regulations. If they’re required by law to carry workers’ compensation insurance, they must do so.
If your employer fails in these responsibilities and you are injured directly, you have grounds for legal action.
Do Not Let a Workplace Injury Impact Your Health and Career
As a businesswoman in Alabama, you have rights that protect you in case of an injury due to negligence in the workplace. If you suffer a workplace injury, it’s important to act on these rights by contacting an experienced lawyer for assistance.
Leave a Reply