Category: Workers’ Compensation/Work Injury

Jul 18, 2016 - Tuscaloosa by Cross & Smith

According to the most recent fact sheet published by the Occupational Safety & Health Administration (OSHA), hospitals are among the most dangerous places to work. In fact, the rate of injuries and illnesses that cause hospital workers to lose time from work exceeds even those experienced within the construction industry. Naturally, hospital workers in Tuscaloosa and throughout the state rely on workers’ compensation coverage to help pay the short- and long-term expenses related to their workplace injuries and illnesses. However, challenges to their claims are not uncommon — and their medical complaints often pertain to third-party liability. It is important to know when to seek support from experienced Tuscaloosa workers’ compensation lawyers. Hospital Workers Face a Broad Range of Daily Risk Factors Virtually any type of hospital worker is at greater risk because of factors such as the following: Overexertion: Nearly half of all injuries involve musculoskeletal disorders. Lifting and moving patients and heavy equipment is a major contributor to these injuries. Slips, trips and falls: Hospital environments are volatile. Puddles can appear unexpectedly, and it is difficult to predict what equipment (potentially with dangling cords) will be in a hallway at any given moment. Contact with objects: This can involve anything from heavy equipment to sharp objects, with the resulting injuries often becoming severe. Violence: Patients in a state of confusion and pain can strike out at the people who are trying to help them. Emergency room nurses are particularly susceptible to violent attacks by anyone who walks in […]

Mar 25, 2016 - Tuscaloosa by Cross & Smith

Shortly after a National Public Radio (NPR) report exposed the disparity among workers’ compensation benefits for the same types of injuries in different states, Alabama lawmakers introduced a bill to increase benefits for workers within this state. In spite of the fact that Alabama workers’ compensation benefits for certain injuries are reportedly the lowest in the nation, this bill never seemed to take off. However, each Tuscaloosa workplace injury lawyer at our firm reminds employees that third-party claims can potentially provide injured workers with the compensation they need. A State Border Can Make a Dramatic Difference in the Value of a Claim The NPR story looked at the claims of two workers who lived within 75 miles of each other, with surprisingly similar claim details: Their ages were similar: 27 and 25. They both lost part of a left arm in a machinery accident. Their family situations were similar — married, with two children of similar ages. Both victims even had tattoos of their children’s names. Perhaps the main difference was the location of their accidents since they lived on different sides of the Alabama/Georgia border. While the Georgia victim received lifetime benefits expected to exceed $740,000, the Alabama victim received a total of $45,000 in workers’ compensation benefits. Since the overall cost of living fluctuates in different areas of the country or even within a state, it is somewhat logical to expect differences in claim valuations based on location. Still, it is less logical to understand why a border […]

Nov 13, 2015 - Tuscaloosa by Cross & Smith

Without a doubt, construction work is among the most dangerous professions in the U.S. Working from great heights, sometimes from faulty support structures, while using power tools and heavy equipment certainly seems extremely hazardous. However, when it comes to work-related fatalities in Alabama, even our Tuscaloosa workers’ compensation lawyers were initially surprised that there seems to be a higher risk involved in transportation. According to 2013 numbers from the Bureau of Labor Statistics (BLS) about the 78 fatal workplace injuries for that year, the majority were caused by the following events: • Transportation incidents (42) • Falls, slips, trips (11) • Violence and other injuries by persons or animals (11) Why Transportation Causes a Higher Rate of Workplace Fatalities Since many workers drive on company business, common roadway accidents play a contributing role in the number of work-related transportation fatalities, with a lack of seat belt use, speeding and alcohol cited as factors. However, earlier analyses of these accidents cite the three primary causes of vehicle accidents at work zones to be the following: • Runovers / Backovers represent nearly half of worker fatalities, and about half of those fatalities were caused by workers struck by construction vehicles. • Vehicle Collisions are the second most common cause, typically involving vehicles or mobile equipment. • Caught In Between or Struck by Object Accidents are the third most common cause. As the name implies, they involve workers who become caught between or struck by construction equipment and objects. Injuries or fatalities that […]

Jul 24, 2015 - Tuscaloosa by Cross & Smith

A primary underlying principle behind the Alabama workers’ compensation system is the elimination of liability issues. With a few exceptions, workers can obtain benefits regardless of whether the worker or employer negligence causes an accidental injury. Of course, this means workers cannot sue employers for negligence, but they can sue negligent third parties. To protect the rights of workers and their families, an experienced Tuscaloosa workplace injury lawyer looks beyond workers’ compensation claims to determine if an outside party needs to be held accountable. A deadly January 2015 construction site accident shows how this might work. Guilt and Negligence Are Not the Same Things According to WVTM-TV, a truck driver hit and struck a young construction worker from behind while he directed traffic in a Birmingham construction zone. The driver admitted that the accident happened because she ran off the road while reaching for her coffee. Perhaps surprisingly, the police decided not to file charges against the driver. In spite of the police decision, the following are reasons why the construction worker’s family may have a good case if they decide to file a wrongful death suit against the driver — and probably her trucking company, as well: • As long as the trucker is not directly connected with the construction company, workers’ compensation liability limitations do not apply. • Police reports would substantiate that distracted driving caused the driver to run off the road. • Distracted driving amounts to negligence, which is a primary requirement for prevailing in a […]

Jul 10, 2015 - Tuscaloosa by Cross & Smith

After a recovery from serious injury on the job, most employees want to put the experience behind them when they return to work. This can seem impossible if an employer starts retaliating in often-subtle ways — just because a worker claimed much-needed benefits that are granted by law. Perhaps more disturbing, some employers use veiled threats to convince workers not to file a workers’ compensation claim, leaving them to find other ways to pay for medical care after a workplace accident. Our Tuscaloosa workers’ compensation lawyers want to clarify that retaliation is illegal at both the state and federal level. It is important for workers to recognize the signs so they can seek the legal help they need to ensure their claims receive fair treatment. Filing a Workers’ Compensation Claim is a Right of Employment With very few exceptions, individuals injured as a result of their employment have the right to file workers’ compensation claims. While most employers handle these claims fairly, some see a claim as a black mark on their record that increases the premiums they pay. Perhaps this kind of thinking was a factor when a supervisor from the New York- and Connecticut-based Metro North railroad took advantage of the time spent driving an injured employee to the hospital to make threats of damaging write-ups on the employee’s record. The injured employee was recording that conversation, according to the New Haven Register. That recording provided evidence of a direct violation of the Federal Railroad Safety Act. In […]

Apr 24, 2015 - Workers' Compensation/Work Injury by Cross & Smith

Variety may be the spice of life, but just about every job involves some degree of repetition. Whether individuals perform one part of a manufacturing process or write key reports, proposals or correspondence on a computer for eight hours every day, their activities can put stress on the same part of their bodies. The resulting injuries can be serious — and they typically qualify for workers’ compensation benefits. Repetitive stress injuries (RSIs) do not typically occur as the result of accidents; however, they are conditions that often directly relate to on-the-job activities. The Bureau of Labor Statistics reports them as musculoskeletal disorders (MSDs), which accounted for an alarming 33 percent of all injury and illness cases in 2013. All too often, injured workers need help from our Tuscaloosa workers’ compensation attorneys due to the challenges of substantiating their claims. Common Types of RSIs Anyone who has hammered one too many nails has probably experienced soreness to the wrists and hands. This type of pain generally goes away within a few days; however, injuries like these can become permanent and debilitating for individuals who hammer nails every day. The following parts of the body commonly sustain RSIs that qualify for workers’ compensation claims: Hands and wrists: A number of years ago, Harvard Gazette dispelled the common believe that excessive use of computers can cause carpal tunnel syndrome, which is no longer classified as repetitive stress. Nonetheless, this disorder is common to assembly line workers, and computer use can cause RSIs, particularly […]

Feb 13, 2015 - Workers' Compensation/Work Injury by Cross & Smith

The Occupational Safety and Health Administration (OSHA) reports that the construction industry’s fatal injury rate is higher than the national average within other industries. It may be impossible to completely prevent accidental injury construction site accidents. However, our workers’ compensation attorneys believe that construction worker training should focus on safe practices as much as it focuses on job skills. The Basics of Construction Zone Safety Even seasoned construction workers should regularly review the basic rules of safe practices while working in their dangerous profession. OSHA provides an online Worker Safety Series for a range of industries. Their tips for construction workers are worthy of regular review, including tips such as (but not limited to) the following: Scaffolding: Most tips apply to the safety of the actual scaffold construction, providing specifications on weight tolerance and railing requirements, as well as the need for regular inspections. Workers need certain fall-protection training and operations such as erecting, moving, dismantling or altering scaffolds should be performed only under the supervision of a “competent person.” Fall protection: Considering that falls account for the greatest number of construction-related fatalities each year, OSHA recommends the use of aerial lifts or elevated platforms that are safer to use when working at great heights. They also suggest using specific types of guardrails and making sure holes are covered. In the event of a fall, effective backup plans include the use of safety nets or some form of body harnesses. Ladders: Always choose a ladder long enough for the job […]

Jan 23, 2015 - Personal Injury by Cross & Smith

Most office workers do not see their jobs as dangerous. Most certainly do not face the severe hazards that construction workers or miners face on a daily basis. Still, the fact remains that countless employment-related injuries and illnesses occur regularly in offices. Even though Alabama workers’ compensation can provide financial relief for these workplace injuries, accident prevention is a better choice, whenever possible. Recognizing Common Types of Office Injuries Danger does not discriminate. An impressive executive office in Tuscaloosa may have as many hazards as a row of cubicles in Birmingham, so all workers need to be able to spot risky situations anywhere. While a workplace injury may qualify for compensation, an experienced lawyer would say that the best workplace accident is one that never happens. Some good advice comes from Albert Einstein College of Medicine, which identifies a number of common hazards, including the following: Falls: Surprisingly, office workers sustain injuries from falls more than twice as frequently as workers who do not work in offices. Sometimes, they are victims of the environment, such as when they trip on loose carpeting, slip on wet floors or do not see steps due to poor lighting. However, they can easily cause their own injuries when they choose a chair over a step-stool, pile items on the floor or even leave the bottom desk drawer open. To help prevent these accidents, workers need to watch their own practices and notify their employers when they spot other hazards in the workplace. Lifting injuries: […]

Jul 15, 2014 - Workers' Compensation/Work Injury by Cross & Smith

For years, courts in Alabama held that workers who suffer a job-related injury may not collect compensation for attendant care by family members if it does not serve to improve the disabled employee’s condition. When it serves only to prescribe the facility of independent functioning, the courts held it’s generally not covered, unless it serves to prevent the deterioration of one’s condition. That changed in 2008 with the decision in Ex parte Mitchell, when the Alabama Supreme Court held this was too restrictive and not in line with legislative intent. Therefore, care that serves to prevent deterioration and preserve function is also covered. Our Birmingham work injury lawyers understand this was what was at issue before the Alabama Court of Civil Appeals in the case of Alabama Forest Products Industry Workers’ Compensation Self-Insurer’s Fund v. Harris, an appeal that arose from the Marengo Circuit Court.

Apr 8, 2014 - Amputation by Cross & Smith

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.