Alabama Personal Injury Blog - injury

Injuered at work? Now what?

Danny Lehane — Tue, 28 Jul 2009 14:06:17 GMT

When an individual is injured or suffers an illness arising out of and in the course his/her employment, that individual has certain rights provided to her/him under the Alabama Workers’ Compensation Act (also referred to as “the Act”). The Act provides for medical care, surgery, and rehabilitation as well as Temporary Total Disability (TTD) benefits. TTD benefits are compensation based on a percentage of the injured worker’s wage. The TTD benefits provide compensation for an individual that is determined to be unable to return to work to earn wages.

An injured worker is required to report the injury as soon as possible and no later than in writing within five (5) days. Obviously there are exceptions (such as a catastrophic injury within a plant that is witnessed and where management makes the 911 call). However, if the injured worker is able it is best to be sure to give notice of the injury and request that a First Report of Injury is completed. Typically a worker is sent to the employer’s company doctor. If the injuries are severe the worker is sent to an ER.

An injured worker has the right to request a panel in which to choose a different treating physician if he or she is not satisfied with the current treating doctor. However, it should be noted that the request for a panel is a one-time event and the request should be used only as a last resort. If a worker elects to use his/her own physician without approval of the employer (or work comp insurance carrier) that worker may find that the treatments are not paid for by the work comp carrier or his/her health insurance carrier. Injured workers are reminded to be very careful when electing to use their own physician as the results may be harsh on several fronts.

Originally posted at InjuryBoard by Danny Lehane

Workers’ Compensation and Third Party Claims

Jason Knowles — Fri, 24 Jul 2009 13:45:35 GMT

Workers’ compensation statutes are designed to require employers to compensate employees who are injured while working in the line and scope of their employment, regardless of whether the employer is at fault. Many employees are surprised to learn, however, that workers’ compensation benefits are not intended to make the employee whole.

Although workers’ compensation statutes vary among the states, they are basically similar with respect to benefits available to injured employees. Medical benefits are provided for life, although the insurer controls in large part where and under what circumstances the medical care is provided. While the employee is out of work due to their injury, they are only paid 2/3 of their normal wages. Compensation for permanent injuries are capped at 300 weeks unless the employee is totally and permanently disabled. Workers’ compensation statutes do not provide benefits for past or future pain and suffering, past or future mental or emotional distress, loss of enjoyment of life, and punitive damages are not available.

Therefore, given the shortcomings of workers’ compensation benefits, it is extremely important for injured workers, with the assistance of an attorney, to evaluate work-related claims to determine if a third-party (someone other than the employer) may be liable to the employee. For example, a third party claim may be available against the designer, manufacturer, seller and/or assembler of a defective machine or equipment that injured or killed the employee. Or a claim may be available against a third party whose negligence caused the employee’s injury or death. In these situations, pain and suffering, mental anguish, loss of enjoyment of life, lost income and punitive damages are recoverable.

When employees are injured on the job, they and their lawyers should examine the facts and circumstances to determine if third party claims are viable. Such an analysis could make a huge financial difference in the recovery.

Originally posted at InjuryBoard by Jason Knowles

Under what circumstances may someone recover money damages for emotional distress?

Michael Roberts — Wed, 24 Jun 2009 15:09:56 GMT

The law varies depending on the jurisdiction, but many states permit such recovery. In Alabama, for example, damages for mental distress that accompanies a physical injury may be awarded by a jury where a person was wrongfully hurt. Thus, the worry and depression related to a disc herniation and its consequences can be the subject of a verdict award. Where there is no physical injury, and the other party is guilty of negligence, Alabama follows a "zone of danger" rule adopted by the Alabama Supreme Court in 1998. Under this rule, a company or person who negligently puts a person in immediate risk of physical danger (such as causing a fire from which a person escapes without an actual burn) is responsible for mental distress or mental anguish.

"Intentional torts" (where a party's conduct is worse than mere negligence, such as intentional assault, defamation, fraud or misrepresentation) can also warrant mental distress damage awards. In Alabama, breaches of certain types of contracts, such as some related to homes, can be the foundation of emotional distress damages. (For further discussion of cases, see Alabama Tort Law, 4th edition, Lexis Law Publishing.)

Originally posted at InjuryBoard by Michael Roberts

Death on Rails

Jon Lewis — Tue, 23 Jun 2009 05:59:11 GMT

Yesterday, there was a tragic incident in the Washington, D.C. Metro area.

Norfolk InjuryBoard Article, by Rick Shapiro

By now, most people have heard that two Metro area trains collided killing at least six individuals and hurting 60 more. I have followed this story with great interest because I will be riding these trains soon when I am in the D.C. area. My questions about this event have been numerous, but the first, and main question, is WHY?

View the Video Here:

NBC Chopper Video

One of the first things the investigation team will do is piece together the facts of this story. Where did they collide? What was the speed? Who was operating them? Who were the passengers? Were there any mechanical defects? Did the operators of the trains do anything wrong? Were proper procedures followed? These are questions which are asked to determine if the collision was preventable.

And why do we care if it was preventable? We want to know if we can prevent incidents like this in the future. We want to prevent death. We want to prevent injury. We don't want this to happen to us, and we don't want this to happen to our family members and friends. AND, we want to punish anyone who might have been reckless and wanton in their actions, i.e.: if one of the operators was under the influence of alcohol (I AM NOT SUGGESTING THEY WERE - JUST AN EXAMPLE).

The National Transportation Safety Board (NTSB) will handle this, but attorneys for the families will get involved too. The families have lost loved ones - maybe the bread winner of the home. Some of the injuries will be devastating, and the people will need constant care. Who will pay for all of this and take care of these individuals? Should it be our health insurance companies and money out of their own pocket, or should the people who were negligent or reckless foot the bill through their insurance carriers. I would obviously suggest the latter, but what do you think?

Most individuals don't understand that the tort system is essentially a cost shifting mechanism to assign financial responsibility to those at fault. And isn't that the way it should be?

Originally posted at InjuryBoard by Jon Lewis

Motorcycle Injuries and Death

Greg Cusimano — Tue, 09 Jun 2009 20:52:07 GMT

Lewis Eugene Barnard, "Barney" (48) and Mayra Salazar Price (37) were killed in a motorcycle wreck in Gadsden, Alabama. They were wearing helmets. It has been reported that the driver of a car turned in front of them on Ewing Avenue in North Gadsden.

Just this past Monday, June 8, 2009 an 18 year old from Fort Payne was killed on Interstate-59 in Dekalb County. It was reported by Police Commissioner Ron Ogletree that the motorcycle was traveling at a speed over 100 mph when it crashed into the back of a transfer truck. It is alleged that two motorcycles were racing. That was not the case in the deaths of Mr. Lewis and Ms. Price.

So often riders of motorcycles are seriously injured or killed in motorcycle accidents and just as often it is not their fault. Although helmets significantly reduce risk, the helmets must be fitted and constructed properly to provide adequate protection. Litigation demanding safe helmets and mandatory helmet laws have saved lives by increasing the protection of helmets. June is Motorcycle Safety Awareness Month in many parts of the country. Participating in education and mutual respect on our highways and byways encourages others to do the same. Have a safe summer.

Originally posted at InjuryBoard by Greg Cusimano

Keep Our Children Safe This Summer

Greg Cusimano — Sun, 07 Jun 2009 09:49:45 GMT

It’s hard to believe that 830,000 children are killed each year by accidents according to the World Health Organization. This is probably underestimated because in many poor countries, children are killed or injured and the tragedies are not even reported. Interestingly the majority of causes are the same throughout the world— traffic, poisoning, burns, drowning and falls. Many of these injuries and deaths could and should have been prevented.

We should be particularly alert to the roadway dangers affecting teenagers. Traffic deaths rank number one in both rich countries and poor ones. Just in the U.S. over 12,000 children are killed by accidents each year. As expected car crashes are the leading cause.

What can we do? Some countries like Sweden have reduced by almost 80% the death rate for teenagers and children in the last 40 years. How did they do it? Generally by enforcing speeding laws, moving traffic away from area populated by children, requiring helmets, safety standards for products, teaching safety at schools etc. Maybe we should follow the lead of Sweden.

We hope you enjoy a safe and sound summer. Take care of our children they are our future.

Originally posted at InjuryBoard by Greg Cusimano

Alabama Injury Attorneys - How to Choose?

Jon Lewis — Thu, 04 Jun 2009 08:21:00 GMT

I'm always amazed at all of the advertisements for Injury Attorneys in Alabama. You see ads on billboards, on television, and on radio. There are so many. How can anyone know who to choose? I also wonder, would people choose their doctor from an ad? If not, why would they choose their lawyer from an ad? And, what makes them choose one over the other? Is it the jingle from Goldberg? Is it the testimonials from Alex Shannarah? Is it the numbers on Wettermark, Holland and Keith's commercials? Or is it seeing Mr. Norris in a Norris commercial?

How would you go about choosing an attorney? Many people ask friends and family members. If they have had experience with an attorney, good or bad, they may be able to provide some insight. Others ask attorneys they know for recommendations. Other lawyers typically have some knowledge of who the competent and good lawyers are. Some people even ask judges. Judges see attorneys in action.

Today, there is another way to select an attorney: interact with the attorney online. With Facebook, LinkedIn, MySpace, JDSupra, blogs, Twitter, YouTube, etc., there are so many ways you can get to know your potential attorney. You can read their website. You can e-mail them. You can look up their testimonials. You can even see them live through video if they have it. On our site, we have suggested questions to ask attorneys. We'll even recommend attorneys you should use if you don't feel comfortable with our firm. You and your attorney will be a team, and you need to work together as a team. How can you if you don't KNOW your teammate?

In this day and age, don't select your attorney from a simple commercial. Your case is too important to hire an attorney strictly based upon a sound bite. Interview your attorney - if not in person, do it online. Ask them about their experience. Ask them if they feel comfortable about providing names of other quality attorneys. If they don't, maybe you should keep searching.

Originally posted at InjuryBoard by Jon Lewis

Confidential Settlements

Pete Burns — Mon, 01 Jun 2009 15:33:19 GMT

Confidential settlements create thorny issues. Lawyers who represent injured people do not like confidentiality agreements. Those agreements help culpable defendants prevent other injured parties from learning how strong their cases really are. However, when the client is offered a fair settlement in exchange for a release and confidentiality agreement many clients are so happy to put the matter behind them that they agree to keep the terms of settlement – and sometimes the underlying facts - secret. Such is the case with Bausch & Lomb’s eye fungus cases. http://www.forbes.com/feeds/ap/2009/05/31/ap6485916.html Thanks to AP’s Ben Dobbin for shedding some light on this litigation.

Originally posted at InjuryBoard by Pete Burns

Investigate car wrecks promptly

Pete Burns — Tue, 12 May 2009 18:14:42 GMT

Prompt investigation of a car wreck involving serious injury or wrongful death is a must. Frequently alcohol is involved in car wrecks and bars are often the source of the alcohol. Dram shop laws are a way of holding bar owners who serve alcohol to minors or intoxicated persons responsible for the injuries caused by their drunken patrons. The sooner you launch an investigation the more likely you are to determine where and when the driver got drunk. Witnesses interviewed promptly after the wreck are frequently more willing to talk than after having days – and perhaps discouragement – to think about getting involved.

Originally posted at InjuryBoard by Pete Burns

Tort Reform: What's in a Name?

Pete Burns — Tue, 05 May 2009 18:04:50 GMT

The change the "reformers" want to persuade the American people to enact is to abandon the Constitutional protection of a righ to trial by jury. Rather than allow a group of 12 disinterested citizens to resolve a fact situation and apply justice for that particular case the insurance, tobacco and pharmaceutical industries want to limit the amount that they will have to pay regardless of the damage they cause. To do this they must convince voters that the present system is broken and that common people are unable to recognize justice. Don't be fooled.

Originally posted at InjuryBoard by Pete Burns