Legal Question in Personal Injury in Alabama

Does arbitration prevent lawsuits in neglegent injuries

While working at a local resturant I was required to enter a walk-in cooler which had boxes stacked and strown preventing safe maneuvering.While lifting a box which weighed about 50 lbs. I fell over backwards and incurred a slipped disk.This was treated with an epidural spinal injection and returned to work on normal duty by a doctor.After returning to work app. 1 month the disk ruptured and I have since had microdiskeptomy all of which was covered by workers comp.My question is can I sue the company for neglegence or disability ?My dr. has stated that I can no longer lift these weights.


Asked on 8/13/04, 10:42 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Does arbitration prevent lawsuits in neglegent injuries

You may bring a claim (or lawsuit) under the Alabama Workers Compensation Act. You do not have a claim for negligence against your employer in Alabama except under some rare circumstances. Arbitration is not involved. You can file a lawsuit in state court, but you cannot have a jury hear your claims, only a judge. This is prescribed by statute.

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Answered on 8/14/04, 8:37 am


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