“I was driving an 18-wheeler and I was in an accident. As a result, I was seriously injured. Do I need a personal injury lawyer or a workers’ compensation lawyer?”
Common cases that our attorneys handle are job-related injuries that involve a third party such as the accident described in the above question by a semi-truck driver.
If you are injured on the job, you have the right to receive workers’ compensation benefits under Alabama’s Workers’ Compensation laws. You do not need to prove that your employer was negligent or liable for causing your accident to be eligible to receive benefits under a workers’ compensation claim. The insurer for your employer will pay for medical expenses and some other out-of-pocket expenses related to your injury.
Depending on the severity of your injury, you may also be eligible to receive compensation for a portion of your wages while you are unable to work and compensation for a permanent disability, disfigurement, or scarring. You are not entitled to receive compensation for pain and suffering under a workers’ compensation claim.
The Differences in Compensation for a Personal Injury Claim
In a personal injury claim for a truck accident, you must prove that the other driver was at fault for the accident in order to collect damages. Unlike a workers’ compensation claim, you may be entitled to receive reimbursement for all of your lost wages, both past and future, in addition to compensation for physical pain, emotional suffering, and other non-financial damages. In other words, you may be entitled to receive more compensation under a personal injury claim if you can prove the other driver is at fault.
What Type of Attorney Do I Hire for My Accident Claim?
In this case, an attorney with knowledge and experience in both truck accident cases (a personal injury attorney) and Alabama Workers’ Compensation laws is the best attorney to hire. You definitely need an attorney to untangle the issues regarding liability and insurance to ensure you receive the maximum compensation allowed by law for your injuries.
You may be entitled to receive financial benefits through workers’ compensation while we are investigating the third-party claim. However, if you do receive a settlement from a third-party personal injury claim, the workers’ compensation insurer will likely file a subrogation claim to recover what it has paid on the workers’ compensation claim. Our attorneys can work with the insurer to handle this issue to obtain the most favorable outcome for you.
Contact Martinson & Beason, P.C. for Comprehensive Personal Injury and Workers’ Compensation Representation in Alabama
The experienced attorneys of Martinson & Beason, P.C. practice in all areas of Huntsville, handling personal injury cases including truck accidents and workers’ compensation. When you have a complex case such as the one discussed above, you need an attorney who can untangle the various issues, including insurance and liability, to ensure you receive a fair and just settlement. The amount of compensation you receive may depend on the experience of your attorney.
Contact our office by visiting us online or by calling our office in Huntsville, Alabama.