Suing Over a Work Injury in Alabama
When Alabama law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Suing the employer: Alabama workers' compensation rights are the employee's exclusive remedy against the employer for a work injury or occupational disease, and the employer cannot be held civilly liable except as the chapter provides. Ala. Code §§ 25-5-52, 25-5-53, 25-5-11(b)-(c)
| Suing your employer | Suing the employer: Alabama workers' compensation rights are the employee's exclusive remedy against the employer for a work injury or occupational disease, and the employer cannot be held civilly liable except as the chapter provides. The immunity also covers the comp insurer, claims administrators, safety-inspection agencies, unions and co-employees except for willful conduct, which the statute defines (intent to injure, willful removal of a manufacturer's safety guard, intoxication of a co-employee, or willful violation of a specific written safety rule after the required written notice). |
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| Suing someone other than your employer | Suing someone else: if a party other than the employer is legally liable for the injury, the worker can claim workers' comp and also sue that party for full damages. Money collected from the other party is credited against the employer's comp liability, the employer is reimbursed for comp already paid, and it is subrogated for medical and vocational benefits. If the worker does not sue within the time allowed by law, the employer or its insurer gets an extra six months to sue; in a settlement, the employer pays a share of the worker's attorney fees in proportion to the reduction in its liability. Source: Ala. Code § 25-5-11(a), (d), (e) |
| If your employer has no workers' comp | Employer without coverage: an Alabama employer required to secure workers' comp that fails to do so commits a misdemeanor (fine of $100 to $1,000) and is liable for two times the compensation that would otherwise have been payable for the employee's injury or death. The state may seek an injunction, and a court may impose civil penalties up to $100 per day. No uninsured employers fund was found in the sections reviewed. Source: Ala. Code § 25-5-8(e) |
Where to get help in Alabama
More Alabama workers' compensation
- Filing a Workers' Comp Claim in Alabama
- How Much Workers' Comp Pays in Alabama
- Workers' Comp Settlements in Alabama
- Retaliation for Filing Workers' Comp in Alabama
- Appealing a Denied Workers' Comp Claim in Alabama
- All Alabama workers' compensation rules
FAQ
Can you sue your employer for a work injury in Alabama?
Suing the employer: Alabama workers' compensation rights are the employee's exclusive remedy against the employer for a work injury or occupational disease, and the employer cannot be held civilly liable except as the chapter provides. The immunity also covers the comp insurer, claims administrators, safety-inspection agencies, unions and co-employees except for willful conduct, which the statute defines (intent to injure, willful removal of a manufacturer's safety guard, intoxication of a co-employee, or willful violation of a specific written safety rule after the required written notice).
Can you sue a third party for a work injury in Alabama?
Suing someone else: if a party other than the employer is legally liable for the injury, the worker can claim workers' comp and also sue that party for full damages. Money collected from the other party is credited against the employer's comp liability, the employer is reimbursed for comp already paid, and it is subrogated for medical and vocational benefits. If the worker does not sue within the time allowed by law, the employer or its insurer gets an extra six months to sue; in a settlement, the employer pays a share of the worker's attorney fees in proportion to the reduction in its liability.
What if my employer doesn't have workers' comp insurance in Alabama?
Employer without coverage: an Alabama employer required to secure workers' comp that fails to do so commits a misdemeanor (fine of $100 to $1,000) and is liable for two times the compensation that would otherwise have been payable for the employee's injury or death. The state may seek an injunction, and a court may impose civil penalties up to $100 per day.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.