Over the last 20 years HWC Managing Partner Josh Wright has invested a lot of litigation time and firm resources toward co-employee “removal of safety guard” cases and has had great success in that practice area. Over just the last four years, Josh has successfully resolved seven separate cases under a (c)(2) safety device theory.
Josh stated, “lawyers in our state often believe the exclusivity provision of the Workers’ Compensation Act is an absolute bar to cases against co-employees, or believe (c)(2) cases are often not covered by liability insurance. Fortunately, both those beliefs are incorrect. In fact, these cases are almost always covered by insurance. And, the Alabama Supreme Court has not restricted the legislature’s intent—when it carved out from the exclusivity provision co-employee claims many years ago—to protect injured employees who are harmed by the removal of a safety device, or something tantamount to that removal. Co-employee litigation under 25-5-11(c)(2) is alive and well in our State legislatively and under Alabama caselaw.”