Carr Allison attorneys Bo Kirkpatrick and Joe Driver scored a big victory protecting employer’s rights under the Alabama Workers’ Compensation Act. The plaintiff/employee in Huey v. Stryker Trailers, LLC, (Calhoun County, CV-2023-900328), sued his employer for negligence based on a work-related injury to his finger. The employer moved to dismiss the tort claim because the plaintiff’s exclusive remedy for a work-related injury is pursuant to the Act. The plaintiff responded by contending that the exclusivity provisions of the Act could not be enforced because the entire Act is unconstitutional. If the Act were to be ruled unconstitutional, work injuries would have to be treated like any other negligence case. Kirkpatrick and Driver presented the argument that the Act is constitutional. The trial judge agreed, entering an Order finding the Act constitutional.
This is a huge win for employers in Alabama!
