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Alabama Accident & Injury LawyersHurt on the job? If so, the insurance carrier may look for a reason to deny your claim. One of their favorite reasons (and usually a wrong one) is to claim you had a pre-existing condition. On a weekly basis, we listen to injured workers who were (wrongly) denied benefits by the insurance company. What makes this wrongful denial so bad — Many lawyers advertising for injury cases simply accept the denial and refuse to help their clients. Many times, the insurance company denial is wrong.

How Should We View Workers’ Compensation Benefits In Alabama?

Alabama courts have stated over-and-over again that workers’ compensation benefits are “not limited to those in perfect health.” Of course they are not limited. Working men and women deserve a system that provides medical care and basic benefits following a serious accident. If the system required anyone over the age of 35-40 with a history of heavy labor work to have a perfect back, benefits would be worthless. Nobody would be covered.

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Alabama Work Comp LawyersCase nurses are common in Alabama workers’ compensation cases. Many insurance companies use case nurses to “assist” with medical care.

If you suffered a work-related accident and injury, the work comp process can be challenging. Maybe frustrating is the better word.

Suddenly, you have a serious accident. Your life changes immediately and drastically. When can you return to work? When will you heal? Can you take care of your family? You are hurting and you are worried. Now, you are leaving messages for an insurance adjuster or sitting in waiting rooms simply to see a doctor.

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Blackwell Law Firm helps injured workers across Alabama.I read a disturbing article in the Insurance Journal last week. The title says it all:

$2B Orlando Highway Construction Project Halted After 5th Worker Death

Five separate workplace deaths on one project! One fatal work-related accident is INEXCUSABLE. Five? It’s hard to comprehend. How could one site be so deadly? How could the contractor allow this to happen? Worker deaths from safety issues are ALWAYS inexcusable.

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Commercial-Truck-Accidents-Injuries-300x300I’ve written several articles about truck driver health and fatigue. These are serious safety issues on Alabama roads and highways. All of us have felt uneasy as a big truck zoomed past us on the Interstate. We need truck drivers who are healthy and alert.

Both health and fatigue are related. How? Truck drivers suffer much higher rates of health issues like sleep apnea, diabetes and obesity. These conditions can create problems with sleep, concentration and awareness. My past articles discuss several ways we can improve truck driver health and make our roads safer for all.

Researchers at Ball State University recently published a new study involving sleep and workers. The study is titled Short Sleep Duration in Working American Adults, 2010-2018. What makes the study interesting is that it gathered data over a long period of time.

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Copy-of-Add-a-little-bit-o-text-3-300x300Assisted living facility? Decisions concerning elderly relatives can be some of the most difficult for families. When the time comes to consider driving, safety or living independently, it is traumatic. We want to honor our relatives and make the best decisions. Our elders are a true treasure. I’m reminded of the verse that says “Gray hair is a crown of glory.” (Proverbs 16:31).

How should we treat our elders? In a recent talk, Pope Francis said, “where there is no honor to the elderly, there is no future for the young.” That is very true.

Earlier this week I read of a recent incident where fire ants attacked an elderly Air Force veteran in a VA assisted living facility. A single fire ant attack in an assisted living facility, is unacceptable. Yet, here, we are not talking about a single attack but rather repeated attacks over the course of two days. Is this an isolated event in a single facility? No. Fire ants present a horrible danger that too many facilities ignore.

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Alabama Accident And Injury LawyersInjured and facing mounting hospital bills? If you find yourself in this situation, the medical bills and charges can be confusing and overwhelming. You probably have many questions. What are my actual medical charges? Sometimes, it’s difficult to tell. How much did my health insurance pay? Why is the hospital charging ten dollars for a single aspirin? None of it makes sense to most patients.

Our medical system suffers from a lack of consistency and lack of transparency in charges. I recently read a great article on LinkedIn that asks the question — Can Price Transparency Actually Lower Health Care Costs? The article discusses several issues, including surprise charges, price gouging and health insurer discounts. The author concludes it’s a “money game” of different prices for different people. This is certainly true for personal injury victims who often suffer the worst impacts of unfair and inconsistent medical costs.

Hospitals attempt to take advantage of personal injury victims for maximum profit. From the moment a personal injury victim enters a hospital, the unjust process begins. Why is the hospital admissions clerk so interested in whether the other driver is at-fault or has car insurance? Hospital greed, that’s why. The same is true for some clinics, chiropractors and physical therapy offices.

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Seriously injured in Alabama? Seek skilled legal advice before seeing insurance doctors. Our firm can help.The weeks and months following a serious work-related accident can be some of the most stressful in your life. One day you are fine. The next, you are hurt and unable to work. Medical treatment, long-term recovery, household bills, and job security, are the most important things in your mind.

Work comp should provide needed medical care without delay. That was the original intent. Yet, the system often fails. Insurance companies and their adjusters ignore doctor requests, fail to return your calls, and work to delay care. You suffer. I hear these complaints about adjusters on a daily basis. You are not alone in your frustration.

Many times, an adjuster or case nurse will suddenly call you out of the blue with an appointment for an “independent medical examination” by some new doctor. They may even tell you the visit is needed to understand treatment options. Don’t forget, the real goal of the insurance company is ALWAYS to save its money.

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Blackwell Law Firm -- Alabama Personal Injury LawyersWhat’s The Deal With Biestek v. Berryhill?

In Biestek v. Berryhill, a construction worker applied for Social Security disability benefits. Following a hearing, the Administrative Law Judge (ALJ) denied his benefit application. The ALJ decision denying social security benefits is not unusual. The real question in the case was whether or not Biestek had a fair hearing.

In Social Security hearings, the ALJ will often retain a vocational expert to provide opinion testimony. In Biestek, that vocational expert testified the worker could perform a number of different jobs in the national economy. In other words, Biestek was not vocationally disabled. The vocational expert then testified she reached her opinions based upon individual market surveys in her possession. So, on cross-examination, Biestek’s attorney asked to see the data. That’s fair. That’s a very reasonable request. Should any expert be allowed to give an opinion while refusing to show the underlying data? That’s when the ALJ intervened and refused the lawyer’s request. What we now have is an expert who provided an unsubstantiated and unsupported opinion.

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Blackwell Law Firm -- Huntsville Accident & Injury LawyersMost of the people who call us about car accident injury claims were wearing their seat belt when the crash occurred. Most, but not all. Some people do call after a wreck where they were not wearing a seat belt. One of the first questions they ask — Does that impact my personal injury claim?

I’m happy to discuss the question. But, I still want to start with a discussion of safety. Seat belts clearly save lives!

SEAT BELTS SAVE LIVES!

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Huntsville Personal Injury Attorneys: Blackwell Law FirmI like to answer consumer questions in a couple different legal forums. The more information we can provide our neighbors to help them with legal decisions — the better. Someone recently asked me if I knew people who had suffered due to uninsured / underinsured drivers. The answer is, YES.

I know many people in Alabama who have needlessly suffered due to a lack of insurance for their injuries. In the last year, I’ve had to talk with two different families in this exact situation where the medical bills, alone, exceeded a million dollars. Yet, in each situation, the at-fault driver carried only minimal automobile insurance. These are difficult conversations to have with hurting or grieving families. It is difficult to tell a hurting family that they cannot recover even a real fraction of their losses.

Alabama law only requires drivers to carry a minimum amount of liability insurance. Right now, that minimum amount is $25,000. Let’s put that into perspective. If you are badly hurt in a wreck, a helicopter ride to the hospital, by itself, will likely consume this entire amount. Yes, I’ve had this situation in several different cases. The bills from a regular ambulance ride and emergency room visit will consume a significant portion of the minimum limits. In any case involving a serious injury, the minimum limit of $25,000 is far, far too low. Your damages in any serious personal injury will exceed that amount.