A flash of light. A clap of thunder. Lightning strikes a construction worker in Athens. While the worker lived, he is now disabled. He can no longer work or support his family. Can he recover Alabama workers’ compensation benefits for his disabling injury?
This is the issue faced by a recent client of mine. The worker survived only because two co-workers performed CPR until paramedics arrived. His physical injuries and rehabilitation were only part of the nightmare. When hospital personnel contacted the work comp insurance company, the adjuster immediately denied the claim on the basis it was an “act of God.” Think about the worker’s family. They stayed at his bedside for weeks not knowing whether he would live or how they would pay for his care. But, this injury SHOULD have been covered by work comp in this case.
Is lightning a work-related hazard? The short answer is that in the case of this outdoor construction worker struck while helping build the new Athens High School, it was. We were able to get work comp benefits for him. But, it took a fight to get him the workers’ compensation benefits he deserved. In most cases, the answer depends on the job.