When Can You Sue Outside of Workers’ Comp for a Workplace Injury?

A workplace injury can throw all of your plans into a tailspin. The sudden loss of income, insecurity regarding job stability, and inability to meet your obligations at home can create significant mental stress. As you may know, workers’ compensation is usually the first place an injured worker goes to obtain reimbursement for their losses, but there are also circumstances in which an outside party might be at fault for a workplace injury.

If you have been injured on the job, protect your rights. Contact Weaver Tidmore at 205-980-6065 to explore your options.

Workers’ Compensation is Your Primary Source of Relief

The majority of the time, workers’ compensation is your primary (and sometimes only) option for financial relief after a workplace injury. This is the main goal of the workers’ compensation system; it protects workplaces and employers from being financially ruined by personal injury claims. It also protects an employee’s right to compensation by not requiring them to prove that their injury was caused by their employer.

However, part of the workers’ compensation system is that you cannot sue your employer. In extenuating circumstances, you may be able to seek compensation from your coworker or from other parties.

Limited Circumstances When You Can Sue a Coworker

When a coworker intentionally acts in a malicious or negligent manner, you may be able to file a personal injury suit against the coworker. However, you must be able to prove that they engaged in willful conduct that causes injury. This means demonstrating that the coworker acted with the knowledge that their actions would cause injuries, or that they intentionally chose to hurt you.

This can be difficult to prove; a coworker intent on hurting you is unlikely to admit that they wanted to harm you. If you choose to go this route, you must work with an experienced personal injury attorney who knows how to handle these types of cases.

You can also bring a claim against a coworker if they intentionally remove a safety guard or device from a machine. For this type of claim to be successful, the coworker must have known that injury or death was likely to occur as a result of the removal. You must also be able to show that the device’s main purpose was safety and that the device came from the manufacturer.

When a Third Party is Involved

In some accidents, a party entirely separate from your workplace is responsible for your accident. In these situations, you can bring a personal injury suit against the liable party for your injuries and losses.

For example, if you are a delivery driver and someone rear ends you at a stoplight, they are liable for the accident—not your employer. While workers’ compensation may still pay out benefits, they will also expect to be reimbursed from a successful personal injury claim. In this case, you would want to bring a claim against the driver to seek compensation.

You would also have a third-party claim if there was a contractor at your workplace who caused your injuries. This is relatively common on construction sites, where many non-employee contractors are brought in. If a non-employee caused your injuries, you would file a claim against them.

You could also file a third-party claim if your work injury occurred because of a defective product. Consider, for example, a piece of construction equipment that had inherent flaws in its design. Those flaws then caused the machine to malfunction in such a way that you were injured. You would bring a claim against the company that designed the machine or the company that manufactured the machine.

Understanding Third Party Claims

It’s important to note that personal injury claims allow you to seek considerably more compensation than workers’ compensation claims. For example, rather than recovering part of your lost wages, you can ask for full compensation. You can also recover compensation for pain and suffering, mental anguish, and other intangible losses not covered by workers’ comp.

It is important to note however that you cannot be compensated multiple times for the same thing. Assume you start with a workers’ compensation claim, as many people do. It pays for your medical expenses and lost wages. At some point, you realize you have a possible third-party claim against another person, so you pursue that as well.

When your claim settles with the third party, you do not get to keep everything. Your attorney’s fees are taken out of the final amount, but so will any funds that are rightfully owed to workers’ compensation. Anything in your personal injury settlement that compensates you for medical expenses and time off of work may be used to reimburse workers’ compensation.

Explore Your Workers’ Compensation Options with Weaver Tidmore

Knowing your options after a workplace accident can be confusing. That is why it is recommended that you work with an attorney who understands personal injury and workers’ compensation. At Weaver Tidmore, we have handled a wide range of personal injury cases over the years, and we have the experience, knowledge, resources, and commitment to successfully pursue claims like these. Ready to learn more about your options? Give us a call at 205-980-6065 or send us a message through our online contact for

What is a Personal Injury Journal and Why Should I Use One After a Vehicle Accident?

Evidence is king in a personal injury claim, and this is one of the primary reasons to keep a personal injury journal. Victims deserve fair compensation for their pain and suffering after an accident, but it’s often hard to convince a jury or insurance company of what is fair. Personal injury journals make it much harder to deny the physical and emotional pain that accident victims are experiencing, putting them in a better position to fight for what they deserve.

If you or someone you love has been hurt in an accident, Weaver Tidmore is here to help. Call us at 205-980-6065 to schedule a consultation.

What a Personal Injury Journal Includes

A personal injury journal includes the important details of the accident you were involved in, the injuries you sustained, how those injuries have changed over time, and the expenses you have accumulated. This provides concrete evidence of events and expenses that often fade with time.

You can start your journal by writing down everything you remember about the accident. Right now, the accident is likely fresh in your mind and you can’t imagine forgetting it. However, memories fade with time and you might even find that false or altered memories take their place. By writing down everything you remember as soon as possible, you can preserve an accurate image of the accident.

How to Track the Progress of Your Injuries

One of the most important purposes of a personal injury journal is to show how your injury progresses and how it changes your life. An injury changes an individual’s life in countless ways, and these changes often never get told to an insurance company.

For example, who would think to tell an insurance adjuster that they can no longer carry a laundry basket and have to wait until their spouse gets home every night? And yet, that information is valuable when determining the severity of an injury and understanding how it has changed your life.

Each day, jot notes about your day. Try to include information like:

  • Your pain level at several points throughout the day
  • Pain medications you take to meet your daily obligations
  • Daily tasks you have to skip, reassign, or get help with due to your injury
  • Activities and events you have to skip because of your injuries
  • The times you have friends or family members come over to help you with things you cannot do on your own
  • Personal care activities you need help with, such as showering, changing clothes, and taking care of your appearance

Track Other Important Information

This journal can also be a useful way to track the expenses you accumulate because of the accident. If you pick up a prescription for pain medications, jot down the copay in your personal injury journal and add the receipt to your file. If you have to miss a day of work because of pain or a doctor’s appointment, make sure to add that to your journal. When you go to an appointment related to your injury, track your mileage. These expenses add up quickly, and they should be reflected in the settlement you receive.

Maximizing Your Case Value

How does all of this strengthen your case? The value of your case all comes down to the actual expenses you incur and how much your injuries affect your life. Many accident victims have difficulty detailing how their injuries have affected them when they are put on the spot. They forget the million tiny inconveniences they deal with each day, the expenses they’ve accumulated, and the activities they can no longer participate in.

A personal injury journal tracks all of this and more, putting the effects of your accident in black and white. It can also detail the progression of your injury. This puts an end to insurance companies claiming that you’ve already healed and that your injury is not as serious as you think. With the journal, you can point to specific days you missed work because of pain, high pain level days that put you out of commission, and lost time with your family that you will never get back.

How Weaver Tidmore Can Help

At Weaver Tidmore, we strive to help every single personal injury client get the full compensation they deserve. Ready to learn more about your options? Contact us now to set up a consultation. Get in touch online or call us at 205-980-6065.

Mistakes to Avoid in a Personal Injury Case

A personal injury claim can give you justice after you have suffered physical and financial harm because of someone else’s negligence. However, you have to remember that your claim is under scrutiny. Insurance companies spend a lot of many trying to poke holes in personal injury claims and finding ways to deny payouts.

These are some of the most common mistakes we see when helping people with their personal injury claims. To discuss your case and get the aggressive representation you deserve, call Weaver Tidmore at 205-980-6065.

Settling Too Fast

One of the most common mistakes that accident victims make is settling with the insurance company too fast. It’s easy to be wooed by an insurance adjuster. They are excellent at appearing compassionate, getting information about the accident out of you, appearing concerned about your wellbeing, and ensuring you that the insurance company wants to do what’s right.

However, this is all to encourage you to accept a low settlement and sign a liability waiver. This means giving up your right to sue for damages in the future, and it’s often in exchange for an insultingly low settlement.

Instead of settling for the first amount they offer, hire a personal injury attorney before you even speak with them.

Being Too Open About Your Claim

Many people have active social media presences, which may extend to posting regular updates about their accident and injury progress, case updates, and more. This can be extremely damaging to your case. Insurance adjusters will look at any information they can find about you and find a way to twist it in their favor. Stay quiet and only discuss your case with your attorney and your medical care providers.

Similarly, do not talk to the other party about your claim or anyone representing them. This includes their attorney and their insurance company. All communication should go through your lawyer. Remember, no matter how much you are in the right, nothing you say to the other side will be used to absolve you or give you more money.

Ignoring Medical Advice

Going against your doctor’s recommendations can be very harmful to you in a personal injury case. It indicates that you don’t take your injuries seriously or truly want to heal, which gives the insurance company ammunition they can use to avoid paying you. Go to all recommended appointments, do the right exercises, and take the medications you are prescribed. Document everything you are told and everything you do in relation to your injuries.

Getting Back to Regular Life Too Quickly

“Getting back on the horse” is a good idea when you’re healing from a minor injury, but if you’ve been seriously injured in an accident, it’s a bad idea. Jumping right back into daily activities can delay your healing progress and make it appear that you aren’t as injured as you claim. Furthermore, going this route often means going against medical advice, which the insurance company will use as a reason to offer a low settlement. There will be time to get back to work, exercise, and other activities. For now, though, your most important job is healing.

Trying to DIY Your Case

The idea of doing your personal injury claim yourself is tempting. Instead of paying part of your payout to an attorney, you get to keep 100%. However, 100% of a tiny payout is not nearly as good as a smaller portion of a much larger payout. When you negotiate with the insurance company on your own, you could literally be giving away money.

The insurance adjusters have lots of experience chipping away at settlement offers until you’re forced to accept less than what you deserve. Instead of spending your time on the phone with insurance companies, choose an aggressive personal injury attorney who will fight for you while you heal.

Don’t Get Caught by These Common Mistakes—Contact Weaver Tidmore Today

Personal injury claims can help victims get back to normal life without the trauma of an accident holding them back. Let us help you get the compensation you deserve. To discuss your case with one of our experienced personal injury attorneys, contact Weaver Tidmore online or call us at 205-980-6065.