The purpose of Worker’s Compensation is to protect people who become injured or disabled while working at their jobs. These laws were design to give workers involved in accidents on the job fixed amounts of money in order to alleviate their injuries and damages. These laws were also created in order to get rid of the need for litigation. But sometimes the worker still pursues litigation because they need more compensation. But what are some situations in which employees may be barred from making additional claims against their employer?
In the case of Hall v. Dallman Contractors, LLC,et al. Brenda Hall brough a negligence action against AT&T Services, Inc., among others, for injuries she sustained when she tripped and fell on her way to work. AT&T Services responded by filing a motion for summary judgment asserting that Hall’s negligence claim was barred by the exclusive remedies provision of the Worker’s Compensation Act. The exclusive remedies provision says that a worker cannot sue an employer for a work-related injury as long as they are receiving benefits from workers’ comp. The trial court ended up agreeing with AT&T Services, Inc. and found that the evidence established in court found that AT&T Services and Ameritech, Hall’s employer, were both subsidiaries of AT&T, Inc., and were also considered joint employers of Hall. Hall’s negligence action against AT&T Services could not stand because Hall already received worker’s compensation from Ameritech. The trial court granted summary judgment in favor of AT&T Services and the Court of Appeals affirmed the decision.
If you or a loved one have been affected by an accident or death at work, contact an experienced worker’s compensation attorney at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a FREE and confidential consultation.