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Category: Workers’ Compensation/Work Injury

Remote Workers & Workers’ Compensation: Is My Injury Covered?

Nov 30, 2021 - Workers' Compensation/Work Injury by

While some companies have always been flexible and allowed their employees to work remotely part or full-time, many did not make the switch until the global pandemic. Covid-19 made remote work a necessity for many businesses fighting to stay afloat during the shutdown. Because of this, many workers and their employers have begun to wonder, “If I’m injured while working remotely, will my injury be covered by workers’ compensation?” The short answer to this is “yes,” but it depends on several different factors. A Tuscaloosa work injury lawyer from our firm explains.

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What Not To Do If You Are Injured On The Job

Nov 19, 2021 - Personal Injury by

Workplace injuries happen far too often, and many victims sabotage their ability to recover the compensation they deserve by their actions or inactions after the injury occurs. When you have been injured while on the job, there are certain matters and activities you should not undertake. Our Tuscaloosa injury attorney explains.

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How Prior Injuries Affect Workers’ Compensation Benefits

Oct 15, 2021 - Workers' Compensation/Work Injury by

Alabama’s workers’ compensation system is designed to streamline the process for injured workers to receive the compensation they need for injuries received while on the job. In turn, an injured worker is not allowed to sue their employer. But what happens if the employee has a prior injury? Does that injury affect their ability to receive workers’ compensation for a new, work-related injury? The short answer is yes. The employee may still be able to receive workers’ compensation benefits. A Tuscaloosa workers’ compensation attorney explains. 

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Maximizing Damage Recovery for a Work Injury

Mar 19, 2021 - Workers' Compensation/Work Injury by

An Experienced Tuscaloosa Work Injury Lawyer Can Help If you’ve been injured in a work-related accident, then — if workers’ compensation covers you — you may be entitled to workers’ compensation benefits.  Though valuable, these benefits may not fully cover your damages. For example, workers’ compensation covers lost wages and medical expenses, but it does not cover the pain and suffering that are associated with your injuries — in many cases, the pain and suffering damages can be substantial, just as much as (if not more than) the actual medical expenses or lost wages.

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Work Injuries: What If I’m Assaulted at Work?

Jan 15, 2021 - Workers' Compensation/Work Injury by

An Experienced Tuscaloosa Work Injury Lawyer Can Help In the workplace, not all injuries are caused by “accident.” In fact, it’s not altogether uncommon for a worker to be injured due to a physical attack engaged by either a co-worker or a customer. Our Tuscaloosa work injury lawyer knows that the injured worker may have a right of action under Alabama law to sue and recover damages under these circumstances.

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Common Reasons for a Workers’ Compensation Claim Denial

Nov 30, 2020 - Workers' Compensation/Work Injury by

Let an Experienced Tuscaloosa Workers’ Compensation Attorney Help Workplace injuries are common.  In Alabama, employees who suffer workplace injuries may be entitled to workers’ compensation, which can cover their health expenses, but workers’ compensation claims are often denied — that can put the employee in a financially and emotionally vulnerable situation. If you would like to get in touch with an experienced Tuscaloosa workers’ compensation attorney, we encourage you to contact Cross & Smith to schedule a free consultation regarding your case.  Call us at 877-791-0618 or send us a message online today. Here at Cross & Smith, our team has decades of experience working with personal injury claimants, including those who have been injured in a work setting.  We understand how best to navigate the challenges of a workers’ compensation-related dispute, and what is necessary to secure the maximum compensation for our clients (under the circumstances). For now, let’s take a brief look at some of the common reasons behind a workers’ compensation claim denial.  It’s worth noting that if your claim is denied, you may be entitled to challenge the adverse decision and potentially sue to recover benefits. Failure to Notify Employer in a Timely Manner In Alabama, notice of the accident and injury must be given to the employer within five days of its occurrence.  This is a rather short time period, so it’s important not to delay before getting in contact with a Tuscaloosa workers’ compensation attorney who can manage the procedural requirements in a timely […]

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Workplace Injuries — When Can You Sue Your Employer?

Nov 16, 2020 - Workers' Compensation/Work Injury by

Seek Help From a Tuscaloosa Work Injury Lawyer In Alabama, workplace injuries — particularly in certain high-risk industries, such as construction and manufacturing — are rather common.  Employees who are injured in the workplace may be wondering what their options are for suing and recovering damages from their employer.  We recommend that injured employees get in touch with a qualified Tuscaloosa work injury lawyer at Cross & Smith for further guidance. Suing one’s employer is a worthwhile option, if available.  After all, workers’ compensation benefits, though useful, can be somewhat limited by comparison.  Workers’ compensation provides for health expenses, for example, but not for the losses associated with pain and suffering. Let’s take a closer look. Workers’ Compensation Prevents Negligence-Based Claims Workers’ compensation protections prohibit employees from bringing negligence-based claims against their employers.  Instead, any employees who are injured at work are meant to submit a claim for workers’ compensation to obtain benefits that can cover their losses (at least in part) — this is meant to serve as a tradeoff for being able to secure benefits even in cases where the injury was not caused through any fault of the employer. If you are an employee who was injured in the workplace, it’s important to understand that you are not left without options for a lawsuit, however — you may still be able to bring a lawsuit against your employer for intentional or reckless misconduct.  Further, if a third-party contributed to your injuries (i.e., a contractor, or passersby), then […]

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Can I Make a Claim for Workers’ Compensation Benefits?

Oct 30, 2020 - Workers' Compensation/Work Injury by

Seek Help From an Experienced Tuscaloosa Work Injury Lawyer Workers’ compensation is a valuable option for recovery, providing a range of benefits to employees who suffer a work-related injury or illness.  These workers’ compensation benefits may include medical expenses (from diagnostic costs to treatment and physical therapy), wage loss, and even disability benefits depending on the severity of the injury. Many would-be claimants aren’t quite sure whether they’re eligible to make a claim for workers’ compensation benefits, however.  For the sake of clarification, let’s take a brief look. What Determines Eligibility? In the state of Alabama, the law requires (generally speaking) that employers with five or more employees — full-time or part-time — provide workers’ compensation coverage.  It’s worth noting, however, that an employer with fewer employees may have still voluntarily chosen to acquire workers’ compensation coverage, so be sure to check if coverage is available for your claim. If your employee has acquired workers’ compensation coverage, then you’ll have to evaluate whether the suffered injury occurred due to an employment-related accident — whether or not it was caused by another’s negligence.  For example, even if the accident is not necessarily your employer’s fault (i.e., an earthquake causes a box to shift slightly and fall on your foot, fracturing your toes), workers’ compensation claim may provide benefits. Critically, the accident must be linked to your employment activity.  In other words, it must have occurred within the “course and scope” of your employment.  On-site activity is almost always considered within the […]

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Can I Get Workers’ Compensation Benefits if I’m Attacked by a Co-Worker?

Oct 16, 2020 - Workers' Compensation/Work Injury by

Experienced Workers’ Compensation Attorney in Tuscaloosa, AL Workers’ compensation claims are often associated with equipment-related accidents on a job site — for example, a warehouse worker getting injured by falling storage boxes, or a lab worker getting burned by loose chemicals. In truth, however, many injuries occurring in the workplace are linked to job site violence. If you’ve been injured due to having been willfully assaulted by a colleague, contractor, or other individuals in the workplace, then you may be entitled to submit a workers’ compensation claim for benefits to cover those losses. Let’s take a closer look. Assault is Covered, But Only If There Is an Employment-Related Cause In Alabama, an intentional assault by a co-worker (or anyone else, in fact) is considered an accident for the purpose of workers’ compensation coverage, so long as the assault was motivated by an employment-related issue, and not personal ill will. How does this work? Suppose that you are attacked by a co-worker, who fractures your nose and ribs. In Example A, the co-worker attacked you because he was under the impression that you had insulted his family.  This would not give rise to workers’ compensation benefits, as the attack was motivated by a personal issue — not an employment-related one. In Example B, however, the co-worker attacked you because he was upset that you had signed up for extra shifts, thus taking up some slots that he would’ve signed up for to earn extra pocket money.  The co-worker’s attack could be […]

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Does Workers’ Compensation Prevent Workers From Pursuing a Personal Injury Lawsuit?

May 29, 2020 - Personal Injury by

Work With an Experienced Tuscaloosa Injury Attorney In Alabama — and throughout the country — a large percentage of employees are entitled to workers’ compensation benefits if they are injured while on the job.  Workers’ compensation benefits pay out irrespective of the employer’s fault.  As such, they are an excellent tool for securing compensation to cover losses — but they are somewhat incomplete. For example, workers’ compensation benefits do not pay out for pain and suffering damages.  In some cases, this can mean that you are sacrificing hundreds of thousands of dollars in potential compensation. Where possible, it’s worth contact an Tuscaloosa injury attorney to explore the option of bringing a lawsuit against those who were responsible, as this will give the injured plaintiff access to a more comprehensive set of damages. Let’s dive in. Workers’ Compensation and Personal Injury in Alabama In Alabama, as in other states, workers who are eligible to receive workers’ compensation are prohibited from bringing a lawsuit against their employer in a civil suit (based around the same injuries).  If you slip-and-fall on a wet floor while at work, for example, then you would not be entitled to sue your employer for damages (assuming that workers’ compensation benefits covered the injury). This prohibition can put quite a damper on injured plaintiffs who feel wronged and are interested in seeking more complete justice in the civil courts — but all is not lost!  There may be litigation options. Who Can You Sue? Injured workers are encouraged […]

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