Death in the Workplace
If death occurs while the decedent was on the job, the right to sue may change. Under the Alabama's Workers' Compensation Act, an employee who elects to take workers' compensation does not have a right to sue his or her employer for injuries in the workplace. Code of Ala. § 25-5-53. If the decedent accepts workers' compensation and gives up his or her right to sue, beneficiaries or surviving relatives are also barred from sueing for wrongful death. Code of Ala. § 25-5-53.
If a person's death on the job was due to the negligent actions of a third party, however, Alabama's workers' compensation statute allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for workers' compensation benefits or not. Code of Ala. § 25-5-11.