When a machine malfunctions on a shop floor or a power tool fails in the field, the physical pain is only the beginning. You likely confront a mountain of medical bills and the stress of lost wages. Alabama workers’ compensation provides a limited safety net, but it rarely covers the full cost of your recovery.
If a defect in the equipment caused your harm, you may have legal options far beyond your standard workers’ comp benefits.
You cannot take action against your employer
Under Alabama’s “exclusive remedy” rule, employees are prohibited from suing their employer for a workplace accident. Workers’ compensation serves as the only path for recourse against your company. In exchange for such a protection, your employer pays for medical care and basic wage replacement without you having to prove they were at fault.
This rule only protects your employer and your co-workers. It does not provide a shield for the companies that manufactured the tools or equipment you use.
You can pursue a third-party product liability claim
If a defective device or tool caused your injury, you may be able to file a product liability lawsuit against the manufacturer. This action may provide you with additional damages that the workers’ comp system typically does not offer, such as:
- Full replacement of your lost wages rather than just a percentage
- Compensation for physical pain and mental anguish
- Money for permanent scarring or disfigurement
- Punitive damages to punish the manufacturer for extreme negligence
- Damages for the loss of enjoyment of life
These lawsuits target the entity that put a dangerous product into the stream of commerce. Because these companies operate outside of your employment contract, they do not enjoy the same immunity as your employer.
State law allows you to pursue these cases against a third party even while you receive workers’ compensation benefits. You generally have two years from the date of the accident to file your suit.
You must prove fault in a lawsuit
Unlike a workers’ comp claim, suing a manufacturer requires you to show the product was “unreasonably dangerous” due to one of the following:
- Manufacturing defects: The machine was built incorrectly or with substandard materials.
- Design defects: The overall plan for the product was inherently unsafe.
- Failure to warn: The company did not provide proper safety instructions or hazard labels.
You must show that the equipment had any or all of these defects when it left the factory and that this flaw directly caused your injury.
Alabama follows a strict contributory negligence rule, which means the defendant will likely try to blame you for the accident to avoid paying anything. Gathering evidence immediately and seeking proper support are essential methods for overcoming such defense tactics.