Workers Compensation is not always the only remedy available for a serious injury on the job.
We Get Results – Call 423-634-0871 for Free Advice and Consultation.
Accidents in the workplace can range from a bruised thumb to an explosion causing brain injury or death. Every state has some kind of workers’ compensation system, but the benefits are always limited and never ever provide full compensation. In any situation involving catastrophic injury or death in the workplace or while on the job, consultation with experienced legal counsel is critical. Workers’ compensation laws generally prohibit lawsuits by an employee against his or her employer when an accident occurs on the job, except to obtain workers’ compensation benefits. This is known as the “exclusive remedy” as against the employer. And, workers’ compensation benefits are typically limited to payment of medical bills and only a portion of lost earnings. Under workers compensation, nothing is paid as compensation for pain, suffering, mental anguish, or disruption of personal and family life, and there is never enough for future loss of earnings.
Can I receive more than workers comp provides?
If someone other than the immediate employer is at fault, it may be possible to bring a lawsuit seeking full damages for pain and suffering, disfigurement, past and future loss of earnings, loss of consortium, and so forth. Such a lawsuit can bring a much larger recovery than workers’ compensation benefits alone may provide.
Third party lawsuits can bring larger recoveries – call us at 423-634-0871.
Our law firm has successfully brought many such third-party lawsuits, recovering millions of dollars in additional benefits for our clients. For example, in 2011, a fire broke out in the chlorine rework process area of the HTH building at the Arch Chemical plant in Charleston, Tennessee, injuring several employees of a contractor on the site. A lawsuit brought by our firm recovered far more money as compensation for those employees, than was available under workers compensation. In another case on a construction site, where a worker fell into an unguarded hole, we were able to successfully sue another subcontractor working on the site. In an Alabama case we filed, a telephone pole broke off at the ground with a cable installer working on the pole 25’ above. Our lawsuit against the utility company responsible for maintaining the pole settled just before trial. In another case, we obtained a settlement for a teenager whose father died in Alabama when he came in contact with an energized ground wire.
Other examples of additional compensation
There are many other examples of such cases successfully concluded, bringing victims or family members additional compensation far beyond what was provided by workers’ compensation. For instance, we have successfully sued other companies for injuries caused by falling or shifting cargo, recovering additional compensation for the injured workers.
Mr. Hamilton obtained a jury verdict against a north Georgia electrical provider after an ironworker inadvertently touched an energized high-voltage line with a steel beam he was installing. In another case, he was able to negotiate a settlement after a client suffered a severe head injury falling through an unguarded manlift in a power plant.
Consider all legal options
When death and severe injuries occur in carpet mills and other manufacturing facilities, questions must be answered – was a safety device removed, was preventive maintenance neglected, was someone careless or inattentive? Was the employee placed there through a temporary agency? Was an independent contractor at fault? All such cases are very dependent on the facts, as well as the law in the state where the accident occurs. Thorough investigation and consideration of all the legal options is extremely important.
The lawyers at the Hamilton Firm have years of experience handling cases involving workplace injuries, including construction sites, carpet mills, industrial facilities, manufacturing plants, power plants, elevators, boilers, bucket trucks, lifts, and the like. Do not hesitate to call, 423-634-0871.