Workers can successfully file a Tuscaloosa workers’ compensation claim in most every case where an injury has occurred on the job (or in the course of employment). One of the few instances in which employers can rightfully deny a claim for benefits is when the injury was intentionally self-inflicted. In this situations, it all comes down to the intent of the worker, and the onus is on the employer to prove intent. This was the issue before the Mississippi Supreme Court in the case of Smith v. Tippah Electric Power Association. Despite this being an out-of-state case, the same general principles are applicable.Read More
Amputation injuries in the U.S. have been on the rise over the past decade, as numerous veterans returning from wars in Iraq and Afghanistan are survivors who have lost limbs in the course of their service. But our Alabama personal injury lawyers know that veterans aren’t the only ones who have been at high risk. Those involved in certain types of motor vehicle accidents (particularly motorcycle wrecks) have had to endure such injury, as have those who have suffered on-the-job injuries – particularly in fields that require the routine use of industrialized, mechanical equipment. For example, recently in Missouri a glass manufacturing firm was cited by inspectors with the U.S. Occupational Safety & Health Administration after an employee suffered a finger amputation while repairing a machine. Investigators would later learn that the incident stemmed from the employer’s failure to shut off power to certain energy sources before the maintenance was initiated. OSHA called the oversight “unacceptable,” and fined the firm $137,000.Read More
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Posted By: Chuck Kelley