Category: Workers’ Compensation/Work Injury

Mar 23, 2014 - Workers' Compensation/Work Injury by Cross & Smith

Workers who sustain on-the-job injuries must be careful to provide ample documentation and proof regarding the cause, particularly when older injuries come into play. Our Tuscaloosa workers’ compensation attorneys recognize that when insurers and/or employers can’t refute the seriousness of the injury, they may attempt to argue the source. When old work injuries are exacerbated by new work injuries, they are compensable. Even when a non-related injury is exacerbated by a work injury, it may be compensable, but the amount you can collect could be diminished.

Mar 11, 2014 - Workers' Compensation/Work Injury by Cross & Smith

A pair of decisions out of the Arkansas Supreme Court recently illustrates how companies will go to great lengths to fight workers’ compensation claims. This is as true in Alabama as it is in Arkansas, and despite the differing jurisdictions, our Birmingham workers’ compensation lawyers know that the issues presented in these cases are highly relevant here as well. The cases involve two separate employees and two separate appeals, but both were involved in the same accident at the same company. The first case is Prock v. Bull Shoals Boat Landing and the second is Edmisten v. Bull Shoals Landing.

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

The Supreme Court of Alabama recently affirmed a county circuit court’s decision in the workers’ compensation case of David Vinson, Jr. v. G & R Mineral Services, Inc.. Our Birmingham workers’ compensation lawyers recognize that the primary issue in this case was whether the defendant was in fact the worker’s employer, or whether it was a “special employer” (as opposed to a “general employer”), which would make the firm immune from liability. Per the Alabama Workers’ Compensation Act, a company is deemed a special employer when it is the co-employer of the injured worker. It’s sometimes referred to as the “loaned servant doctrine,” wherein one employer assigns its employee to perform services for another employer. In these situations, the employer who assigns the worker is the “general employer,” while the employer to whom the employee was assigned in a “special employer.”

Dec 14, 2013 - Workers' Compensation/Work Injury by Cross & Smith

In filing a Tuscaloosa workers’ compensation claim, employees need to be mindful of the fact that their medical history could become a significant matter for the court’s consideration. In securing workers’ compensation, it is key to establish that not only did you suffer a job-related injury, but that this injury was disabling to some extent and that the work injury was the sole cause of that disability – or at least that it was a significant contributing factor. Such was the challenge for the plaintiff in Gore v. Lafarge North America Inc., whose Shelby Circuit Court complaint was recently reviewed by the Alabama Court of Civil Appeals.

Oct 29, 2013 - Workers' Compensation/Work Injury by Cross & Smith

There were close to 500 workers killed in the agriculture sector in 2012. The fatality rate in this industry is more than 21 per 100,000 full-time equivalent worker, which is the highest fatality rate of any sector. In addition to these fatalities, there were close to 48,500 workers injured in 2011. According to the Occupational Safety and Health Administration (OSHA), there are more than 2 million people who are employed in the agricultural industry in the U.S. Those who work and farm are at serious risks for critical injuries, death, work-related lung diseases, cancer, skin diseases, noise-induced hearing loss and even heat exposure. farm accidents in Alabama are an all-too-common threat during harvest season. The number one cause of death for farmworkers between 1992 and 2009 was tractor overturns. These accidents account for more than 90 fatalities each and every year. Each day, there are close to 250 farm workers who suffer from a serious injury and are forced to take time away from work. About 5 percent of these injuries result in permanent impairment.

Sep 23, 2013 - Amputation by Cross & Smith

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.

Jan 28, 2013 - Birmingham by Cross & Smith

Every year in this country, dozens of construction workers are killed in scaffolding accidents and hundreds are injured, according to the Bureau of Labor Statistics. In fact, falls from scaffolds account for nearly a quarter of all fatal falls in work settings, with suspension scaffolds involved in 3 out of 10 incidents.  Our Birmingham injury lawyers understand that nearly three-quarters of all injury-causing scaffold accidents are attributed to one of three things: The employee slipped, the support or planking gave way or the worker or scaffolding was struck by a falling object. The fact is, every one of these scenarios is 100 percent avoidable if a construction company is abiding by standards set forth by the Occupational Safety & Health Administration (OSHA).

Sep 5, 2012 - Personal Injury by Cross & Smith

Many of us drive for work. In fact, transportation accidents are the leading cause of fatal job accidents in this country, according to the Bureau of Labor Statistics. Transportation accidents were responsible for 1,795 of the nation’s 4,551 workplace deaths in 2010, accounting for one-third of all deaths on the job. In such cases, an injury lawyer in Tuscaloosa should have significant experience in handling work place injury cases, as well as personal injury claims and car accidents. And, if you drive for work, you should know how important it is to carefully review your insurance policies and to understand the coverage available in the event of an accident. In Nationwide Mutual Ins. Co. v. Thomas, The United States District Court for the Northern District of Alabama, Eastern Division certified two questions of first impression to the Alabama Supreme Court: 1) Whether Nationwide could enforce a coverage exclusion clause in a car insurance policy for transporting people or delivering newspapers as part of the insured’s job. 2) Whether the exclusion applied after the last paper was delivered but while employee was still driving as part of the job.

Aug 24, 2012 - Workers' Compensation/Work Injury by Cross & Smith

Our Tuscaloosa workers’ compensation lawyers are often ask by people injured on the job about the avenues for collecting compensation for medical bills, lost wages and other damages. Sometimes, a victim wishes to sue an employer or former employer, which is generally not possible. Others believe workers’ compensation is the only avenue of recovery available, which is also incorrect. Workers’ compensation insurance is carried by your employer and is designed to compensate those who become injured on the job, regardless of fault. In what’s known as the “compensation bargain,” your coverage under workers’ compensation laws means you forfeit your right to sue for the tort of negligence. However, that does not mean that workers’ compensation is an injured employee’s only avenue of compensation. A third-party liability claim may be filed against a party other than the victim’s employer in cases where negligence led to an accident.

Jun 5, 2012 - Tuscaloosa by Cross & Smith

For the entire month of June, officials with the National Safety Council (NSC) are promoting National Safety Month. Our Tuscaloosa workers’ compensation attorneys understand that there are small steps that we can all take to help to reduce our risks of injury — both on and off the job. Officials with the NSC will be featuring safety topics throughout the month. Follow along and work toward a safer time both at work and off the job. Here’s the setup for the month-long campaign: -June 3rd – 9th: Employee Wellness -June 10th – 16th: Ergonomics -June 17th – 23rd: Preventing Slips, Trips and Falls -June 24th – 30th: Driving Safety This annual observance is used to educate and encourage safe behaviors to help to reduce the risks of work accidents in Tuscaloosa and elsewhere. This year’s campaign is encouraging safe behavior — all day every day. Each week will be dedicated to a different type of injury, ones that are all too frequent in our everyday lives. Review each week’s materials to help to reduce your risks of needless and preventable injuries.