Category: Workers’ Compensation/Work Injury

Gore v. Lafarge North America Inc. – Establishing Alabama Work Injury As Disability Cause

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

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.

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Ag Accidents an Autumn Risk in Alabama

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

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.

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Alabama Amputation Risk Higher in Certain Jobs

Sep 23, 2013 - Amputation by

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.

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Birmingham Construction Injuries and Scaffolding Dangers

Jan 28, 2013 - Birmingham by

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).

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Nationwide Mutual Ins. Co. v. Thomas: Car Accidents on the Job in Alabama

Sep 5, 2012 - Personal Injury by

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.

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Alabama Work Accidents, Workers’ Compensation & Third-Party Liability

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

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.

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Work Accidents in Tuscaloosa and Elsewhere Targeted through Month-Long NSC Campaign

Jun 5, 2012 - Tuscaloosa by

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.

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Judicial Review in Workers’ Compensation Cases Discussed in Gilmore v. Director, Department of Labor

Apr 9, 2012 - Workers' Compensation/Work Injury by

The law surrounding workers’ compensation (WC) for federal employees is very complex. In many cases, a federal employee’s initial application for WC can mean the difference between receiving benefits or not. This is why it is so important to complete your workers’ compensation petition properly. Our experienced Tuscaloosa Workers’ Compensation Attorneys understand how important this is, and we can help protect your rights at each stage of the process. Gilmore v. Director, Department of Labor is an 11th Circuit workers’ compensation case that centers on jurisdiction and the Federal Employees’ Compensation Act (FECA). “FECA is a comprehensive and exclusive workers’ compensation scheme for federal civilian employees who are injured or killed while performing their work duties. ” Gilmore v. Director, Department of Labor, No. 11-12747 (11th Cir. Feb. 6, 2012); see also Nobel v. United States, 216 F.3d 1229, 1234 (11 Cir. 2000).

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Construction Zones are Dangerous for Motorists and Workers

Feb 28, 2012 - Workers' Compensation/Work Injury by

Our Alabama workers’ compensation and personal injury lawyers understand that construction zones are dangerous for both motorists and workers, especially when people aren’t paying attention. According to The National Work Zone Safety Information Clearinghouse, there were more than 575 people killed in work zones in the U.S. in 2009. Alabama sees nearly a dozen of these kinds of fatalities a year. Of the nationwide fatalities, nearly 50 of the 575 were the result of a pedestrian accident involving a pedestrian and a vehicle or a piece of mobile equipment. Last year, WorkZoneSafety.org released a statement discussing the importance of driver attention and worker protection in our nation’s work zones. The organization asked motorists to practice safe driving in these areas to help protect our roadside workers. Motorists are asked to slow it down, to be cautious on uneven pavement, to abide by posted work zone signs, to stay away from workers and work zone equipment, to keep an eye out for other drivers and to expect the unexpected. Employers are asked to ensure that workers have all of the proper safety equipment to help to reduce the risks of these accidents. With cautious travel and safe working habits, we can all do our part to help to stop these kinds of accidents.

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State Stops to Remember those Lost in Brookwood, Alabama Mining Accident

Oct 11, 2011 - Workers' Compensation/Work Injury by

Just a decade ago, more than a dozen coal miners were killed because of multiple explosions that happened during the Jim Walter Resources coal mine accident in Brookwood, Alabama. The disaster is the most catastrophic mining accident that happened in the U.S. in the last 20 years. The explosions were caused by methane gas, which is a common danger underground, according to NPR. One miner was trapped alone after the first explosion. A dozen rescuers were killed in a second explosion. Our Tuscaloosa workers compensation attorneys understand how dangerous mining work can be. Mine owners have an obligation to keep work sites safe for employees. The properties have to be secure for all others who may visit, regardless of whether they’re entering the mine or not. After the accident was examined, the Mine Safety and Health Administration (MSHA) hit the mining company with nearly $450,000 in fines. These fines were later reduced to $5,000.

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