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.
1 Answer from Attorneys
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.