Dothan Work Injury & Workers’ Compensation Attorneys

Work Injury Lawyers Serving Mobile, Dothan, Eastern Shore, Florida Panhandle & All of Southern Alabama

A work injury lawyer can help you recover the maximum compensation you deserve after a workplace accident. You likely have a claim for workers’ comp. However, if your work injury was caused by the negligence of a third party, you may be entitled to much more.

Morris, Andrews, Talmadge & Driggers, LLC has obtained one of the largest jury verdicts in Alabama history—an award of $21 million—on behalf of an employee who sustained catastrophic injuries on the job. Our attorneys look beyond workers’ comp to identify additional options you may have for recovering damages.

Call 334-316-0930 today for a FREE consultation with a work injury lawyer. Our attorneys serve clients throughout southern Alabama from our offices in Dothan and Mobile. Multiple lawyers at our firm are also licensed to practice law in Florida and Georgia, enabling us to handle cases in the Florida Panhandle and Southwest Georgia.

Common Types of Work Injuries

No matter your profession, every job has certain hazards. From construction workers to retail employees, our attorneys have experience representing clients in a wide range of workplace injury claims.

Work injuries such as muscle strains and sprains, lacerations, and repetitive stress injuries are generally covered by workers’ compensation. At Morris, Andrews, Talmadge & Driggers, LLC, our focus is on serious and catastrophic injuries where workers’ comp is generally not enough to make you whole. This may require filing a personal injury lawsuit against one or more negligent third parties.

A Dothan workers’ compensation lawyer can help if you or a member of your family suffered any of the following on the job:

• Broken Bones
• Head & Brain Injuries
• Eye Injuries
• Hearing Loss
• Neck & Back Injuries
• Permanent Nerve Damage
• Spinal Cord Injuries & Paralysis
• Loss of Limbs & Amputation Injuries
• Permanent Scarring & Disfigurement
• Burn Injuries

If you were seriously injured in the course of your employment, you owe it to yourself to speak to a work injury attorney as soon as possible. Along with workers’ compensation, you may have a viable third-party personal injury claim. If you lost a loved one on the job, an experienced lawyer can determine your right to compensation for wrongful death.

What Causes Workplace Injuries?

Some workplace accidents occur due to the hazards that come with the job. Others, meanwhile, are caused by the errors or wrongdoing of someone else.

Common examples of accidents in the workplace that can result in serious and even fatal injuries include:

• Work-Related Auto Accidents
• Slip & Fall Accidents
• Trip & Fall Accidents
• Falls from Heights
• Violence Against an Employee
• Forklift Accidents
• Being Struck by a Falling Object
• Machine Entanglements
• Electrocutions
• Crane Accidents
• Exposure to Toxic Chemicals & Substances
• Fires & Explosions

Many of the workplace accidents we see at arise because workers are unknowingly using a defective product in the course of their jobs. Sometimes the product suffers from a design or manufacturing defect. In other cases, the accident may occur because a tool, machine, or other product is not properly maintained.

From unsafe working conditions to inadequate protective equipment and more, multiple factors can lead to work-related injuries. A Dothan work injury lawyer will investigate the accident thoroughly to determine what led to your injuries and who may be responsible.

Alabama Work Injury & Fatality Statistics

In 2021 (the most recent year of data), private employers in Alabama reported a total of 32,600 injuries and illnesses among workers. According to the U.S. Bureau of Labor Statistics (BLS), three industries accounted for more than three-quarters of the state’s nonfatal work injuries and illnesses:

• Trade, transportation, and utilities: 9,800 incidents
  • Includes workers employed in retail, wholesale, transportation, warehouse, and utility services jobs
• Manufacturing: 8,300 incidents
• Education and health services: 7,000 incidents

The incidence of workplace injuries and illnesses in Alabama (1.5 cases per 100 workers) is lower than the national average (1.7). Similarly, the number of cases where a worker missed days of work, required a job transfer, or faced job restrictions due to an injury or disease was lower in Alabama than the nation as a whole.

Unfortunately, 111 workers were killed on the job in Alabama in 2021. According to BLS data, the events resulting in fatal occupational injuries in Alabama are classified as follows:

• Transportation incidents: 42 deaths (38%)
• Violence and other injuries by persons or animals: 22 deaths (20%)
• Falls, slips, and trips: 20 deaths (18%)
• Contact with objects: 17 deaths (15%)
• Exposure to harmful substances or environments: 10 deaths (9%)

From 2020 to 2021, work-related fatalities for the nation rose 14% (4,764 in 2020 vs. 5,190 in 2021). Work-related deaths in Alabama, meanwhile, increased by more than 30% (85 workplace fatalities in 2020 vs. 111 in 2021).

What to Do After a Workplace Injury

Suffering a serious injury on the job can be a devastating experience. In addition to being hurt, you may be unable to work. This can lead to financial hardships for you and your family.

Difficult as it may be, it is important to think clearly following a work injury or accident. Both your health and your legal rights depend on what you do next. Our workers’ compensation attorneys would urge you to take the following steps:

1. Seek Medical Attention

Whether your injuries require first aid or emergency treatment, you need to get medical care as soon as possible. Workers can go to a doctor, clinic, or hospital of their choosing in the event of an emergency. In all other cases, however, the employer and/or workers’ comp insurer will choose what medical provider(s) the worker is allowed to see.

You may lose your right to workers’ compensation benefits if you receive treatment from an unapproved doctor or other provider. It is crucial to abide by the instructions provided by your employer or the insurance company concerning medical care.

2. Collect Evidence

Making a claim is probably the last thing on your mind after a work injury. Unless you require urgent medical attention, however, it is crucial to gather and preserve any available evidence. If possible, try to do the following:

• Take photos of the conditions at your workplace—particularly issues that contributed to your injuries
• Speak to witnesses (coworkers, bystanders, etc.) and take down their information
• Make a mental note of any security cameras in the area; a work injury lawyer can help you obtain the footage

Collecting evidence enables you to establish that your injury is work-related. The evidence can also help to prove fault if it is determined that third-party liability was a factor.

3. Report the Injury to Your Employer

Workers in Alabama are required to report a job-related injury within 5 days. In addition to informing a supervisor or management immediately after you get hurt, you should report the injury in writing to your employer as soon as possible.

Reporting a work injury is essential for claiming workers’ compensation. It also creates a record of the incident that can be drawn upon in any additional claims.

4. Consult a Work Injury Lawyer

It can be difficult to obtain the benefits and other compensation you deserve following a workplace injury. Employers and insurance companies often dispute claims, and there is no guarantee that you will get the full payments you deserve. Furthermore, most workers are unaware of their right to make a third-party claim.

Morris, Andrews, Talmadge & Driggers, LLC will fight for you every step of the way. We recognize the devastating impact work-related injuries can have, and we are well-versed in the legal options available to workers.

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5. Continue Receiving Medical Attention

Except in the case of minor injuries, multiple medical appointments are usually necessary to aid in your recovery from a work injury. Whether it’s a physical therapy regimen or meeting with a specialist, you need to keep any and all medical appointments and abide by each provider’s recommendations.

One of the main reasons workers’ comp benefits are suddenly canceled is because the insurer believes you are ignoring medical advice. Sticking to your recovery is also important for a third-party claim because it reduces the defendant and/or insurance company’s ability to argue that you contributed to your own injuries.

Do You Qualify for Workers’ Compensation?

The vast majority of employees in Alabama are covered by workers’ compensation insurance through their employer. According to the Alabama Department of Labor, workers’ comp insurance coverage is mandatory for businesses with 5 or more employees.

Only injuries or illnesses sustained in the course of a worker’s employment are covered by workers’ compensation. If these conditions are met, workers’ comp will pay for the following:

• “Reasonably necessary” medical care
• Prescription medications
• Needed medical equipment
• Weekly compensation benefits covering two-thirds of the employee’s average weekly wage
  • NOTE: Weekly payments are subject to a minimum and maximum set by the calculation of the state’s average weekly wage (revised annually)
• Vocational rehabilitation
• Mileage costs for medical-related travel
• Disability benefits (see Code of Alabama § 25-5-57)
• Compensation for death, including:
  • Burial expenses ($6,500 maximum)
  • Dependents are entitled to a percentage of the deceased worker’s average weekly earnings (see Code of Alabama § 25-5-60)

Workers’ compensation acts as a safety net, providing injured employees and their families with select financial resources while they are recovering from a job-related injury and unable to work. Benefits are made available on a no-fault basis, meaning you do not have to prove that someone else is responsible for the work injury to make a claim.

Unfortunately, workers’ comp often covers only a fraction of your losses following a workplace accident. If you have been seriously hurt or a relative was severely injured or killed at work, it is vital to discuss your situation with a knowledgeable work injury lawyer. Additional compensation may be recovered through a third-party claim, but the process is entirely different from filing for workers’ comp.

What Is Third-Party Liability in a Work Injury Claim?

A third party is any individual or company (other than your employer or a coworker) that causes you injury while you are at work. Liability for a workplace accident may extend to any of the following:

• The driver of a motor vehicle
• A contractor or subcontractor
• The owner of the premises
• Companies involved in the design, manufacture, and/or distribution of a defective product
• A government entity

Unlike with workers’ comp, you will generally be required to prove fault for injuries caused by a third party. A Dothan work injury lawyer can gather evidence and prepare a strong case on your behalf.

Can I Sue My Employer for a Work-Related Injury?

Generally, employers cannot be sued by their employees for work-related injuries. Alabama’s “exclusive remedy” rule states that workers’ compensation is the sole legal recourse for injured workers.

However, employers can be held liable for workplace injuries sustained as a result of their “willful conduct” (see definition in Code of Alabama § 25-5-11(c)(1)–(4)). The circumstances where this exception applies are extremely limited.

It can be difficult to prove that an employer intended to cause a worker harm. Our firm can determine if you have a case.

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How Long Do I Have to Make a Claim?

Claims for both personal injury and workers’ compensation must be brought within 2 years (see Code of Alabama § 6-2-38). The statute of limitations begins on the date of injury.

As a rule, a claim for workers’ compensation is initiated after the employer notifies its insurance carrier of a worker’s injury. If the insurance company accepts liability, benefits will start to be paid within 30 days. While it is generally not necessary for workers to file a workers’ comp claim on their own, it is important to be aware of the 2-year limitation period in case an employer fails to notify its workers’ comp insurer.

If the negligence of a third party caused you to suffer a work injury, you have 2 years to file a lawsuit. Most cases are resolved via settlement, often without the need to file suit at all. If it becomes necessary to sue, however, a work injury lawyer at Morris, Andrews, Talmadge & Driggers, LLC can ensure that your claim is made within the statute of limitations and filed properly.

Compensation for a Work-Related Injury

There are two principal reasons our lawyers place such a heavy emphasis on issues of third-party liability for work accidents. First, it is important to hold those who put workers in danger accountable for their actions. Second, workers’ compensation often proves inadequate for seriously injured employees; if your damages exceed what workers’ comp covers, it is in your best interest to explore additional claims.

You can file for workers’ comp AND bring a personal injury lawsuit against a negligent third party. If you have a viable third-party claim, our attorneys can pursue compensation for all of the losses you have incurred to date as well as future damages. These may include:

• All medical treatment expenses
• Lost wages
• The cost of medical equipment and accessibility modifications to your home and/or vehicle
• Home healthcare expenses
• The cost of hiring household services
• Loss of earning capacity
• Pain and suffering
• Emotional anguish
• Permanent disability
• Loss of consortium
• Wrongful death damages

No two work injury cases are exactly alike. Some workers are limited to filing for workers’ compensation, while others might have a claim for personal injury or product liability.

Until you speak to a work injury lawyer, however, your options may not be clear and the situation likely feels overwhelming. An experienced work injury attorney in Alabama can provide you with compassionate assistance and aggressive representation.

Contact a Work Injury Lawyer Today

We are Alabama’s Premier Personal Injury Firm. Our attorneys serve all kinds of people who have been injured in a wide range of accidents. A significant portion of our clients are workers who have suffered catastrophic injuries.

With 130 years of combined legal experience and a reputation for successful litigation—including a historic $21 million jury award for a seriously injured worker—we are recognized as the Tri-State area’s leading advocates for those who have been hurt on the job. Our injury lawyers fight to maximize your compensation. This often means making a third-party liability claim as well as filing for workers’ comp benefits.

Morris, Andrews, Talmadge & Driggers, LLC serves Lower Alabama from our office in Dothan and southwestern Alabama from our office in Mobile. Talk to a work injury lawyer for FREE by calling 334-316-0930 today. We also serve clients in nearby areas of Georgia and Florida.