Legal Question in Workers Comp in Alabama
Workman comp
My husband lost 3 fingers in an accident at work.....HIs employer is wanting him to come to work to sign his write up papers....If the papers say that the accident was his fault and he failed to maintain safety procedures...should he sign this? And if he signs it , could this mess with any settlement that he is entitled to? We live in Alabama...thanks.
2 Answers from Attorneys
Re: Workman comp
Yes. If he agrees he violated safety procedures, they can assert the following:
Section 25-5-31
Right of action for damages for injuries or death of employee.
. . . provided, that the injury or death was not caused by the wilful misconduct of the employee or was not due to misconduct on his part, as defined in Section 25-5-51.
It is there burden to prove the misconduct. If he signs it, they've proven it. If you have further questions, you may e-mail me at [email protected].
Re: Workman comp
He needs to sit down with an attorney. If the accident was NOT his fault and someone else removed a safety guard or device, he may be able to sue the company for the removal of the device and damages in addition to Workers Comp.
Randal Ford 205.752.4440
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