compensation

Published on: December 5, 2022

The Work Comp Doctor Won’t Listen When I Mention My Other Injuries!

Many workers’ compensation callers express the same frustration — The treating doctor is only treating one of my injuries while ignoring the others. I hear some version of this frustration every week. It’s common. Today, we’ll discuss a couple reasons why it occurs.

Here’s an example of what often happens — You suffer a serious work-related accident. For one recent client, it was a fall from a ladder. You hurt several different body parts in the accident. However, one of those body parts may initially appear to be the most injured. In my ladder example, the worker fell. He injured both knees, his hips and his back. However, one knee was really swollen, badly swollen. He could not put any weight on it. So, that’s the injured body part work comp focused on treating to the exclusion of the others. It’s wrong. That worker is entitled to care for all his work-related injuries.

Often, the employer only lists the most pressing injury in its written report. If you work around Huntsville, the employer is likely to send you for medical care initially to Occupational Health Group (OHG). When you go to OHG, those doctors are only listing or looking at the one body part. When the OHG doctor finally refers you to an orthopedic, it’s just for the one body part. In my example involving the worker who fell from a ladder, the orthopedic only saw him for his swollen knee.

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Published on: October 31, 2022

Workers Compensation And The Return-To-Work Provision

By Jeff Blackwell

Last Friday, I spoke at a workers’ compensation seminar in Birmingham. Let me start by saying thank you to Birmingham attorney David Nomberg (Nomberg Law Firm) for organizing the event and asking if I would speak. I enjoyed teaching about return-to-work issues in Alabama law. I also enjoyed learning on different topics from the other speakers David scheduled. When I attend these seminars, I always leave with some great insights that help me better prepare and try my Alabama workers’ compensation cases.

What are return-to-work issues in Alabama’s comp law? Alabama workers’ compensation law has a special provision, often referred to as the Return-To-Work section. The Alabama Supreme Court and Court of Civil Appeals have only addressed this section directly in about 3 to 4 cases. And, two of those are mine. The first involved a workers’ compensation case I tried a number of years ago in Athens. My client suffered a really bad lower back injury while working at the local Steelcase plant that left him severely restricted. He tried unsuccessfully to keep working. The second involved a more recent case I tried in Guntersville. In the Guntersville case, my client suffered two accidents, underwent a spinal surgery, and returned to work unsuccessfully despite significant efforts to accommodate his restrictions. My client worked for the City of Guntersville, itself. Both of these guys were hard workers who did everything possible to keep working. Both suffered such severe injuries that they just could not continue. In both cases, we won full benefits for our clients at trial and through appeal. So, these are compensation issues I’ve debated for clients through the Alabama court system.

I have not written much on this blog about the Return-To-Work provision of our workers’ compensation laws. There is a reason for that. This section is a major provision that impacts many injured workers. But, it’s also a long section with some complicated issues. So, it’s an area that’s really difficult to discuss in a short blog post. Since I just returned from teaching on the topic, I thought I would try to touch on a few issues in this area of Alabama law.

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Published on: December 21, 2020

Why Waiving Uninsured Motorist Coverage In Alabama Is A BAD DECISION!

By Jeff Blackwell

What is uninsured / underinsured motorist coverage? This coverage is commonly called UIM. This valuable coverage is provided through your automobile insurance policy. And, it provides compensation for your injuries when the at-fault driver does not have adequate liability insurance coverage. In Alabama, insurance companies must provide UIM coverage (at least in the minimum amount) on your policy unless you specifically waive it. You should never do that! In fact, you should talk with your agent about purchasing more than the minimum required limits.

Uninsured / Underinsured Coverage Protects Alabama Families Seriously Injured By A Negligent Driver

You are driving to work. Suddenly, another driver runs a red light and crashes into you. You are hurt. You start receiving medical bills. And, you are unable to work. When you make a claim against the at-fault driver you learn he had NO car insurance. I know – this is illegal. Even if he had the minimum coverage (currently $25,000), it would only cover a fraction of your damages. What should you do? If you have UIM coverage on your policy, then you can recover additional money to help with your damages.

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Published on: January 29, 2018

Do I ONLY Have A Workers’ Compensation Claim?

By Jeff Blackwell

You suffered an injury at work and have an Alabama workers’ compensation claim. Is that your only claim? Can you file both a workers’ compensation claim AND a personal injury claim?

Did someone (other than your employer) negligently cause the injury? If so, you might have both a workers’ compensation claim against your employer and a personal injury claim against the negligent third-party. It’s an important issue. Why? Although workers’ compensation provides important benefits, those benefits are limited. Workers’ compensation benefits do not cover all your potential damages. Although third-party cases allow you to claim all your damages, they may be completely disputed. These are important issues to many of my injured clients. They are issues I’ve discussed on my law firm website. And, they are issues we often handle to help our injured clients.

A recent legal article in Illinois discusses a case in that state. What happened? In that case, an electrician was installing lighting on an apartment balcony. Suddenly, the balcony railing failed. The electrician fell to his death. Afterwards, an investigation revealed a different company (NOT the electrician’s employer) had negligently installed the railing. The electrician’s family had a claim for death benefits under workers’ compensation laws in Illinois. The family also had a third-party negligence claim for wrongful death against the separate company that installed the railing.

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Published on: January 20, 2011

Have You Been Denied Workers’ Compensation Benefits In Alabama For A Preexisting Condition? Don’t Just Accept The Denial!

By Jeff Blackwell

For a few workers’ compensation insurance carriers, the pattern is simple. Deny most claims. Assert some general reason such as a “preexisting” condition. Maybe you’ve heard this denial. These bad insurance carriers figure it’s an easy denial. After all, who was “perfectly” healthy prior to an accident.

I’ve seen the denial letters claiming a “preexisting” condition. It’s like the insurance company has a form letter and process. Just a few simple assembly line steps and your claim is denied: Insert the injured person’s name and address. Hit print. Mail the denial letter. Move to the next claim!

While a few carriers seem to use a quick form denial for these claims, a few others play a different game. These carriers simply ignore the claim indefinitely asserting it is under “investigation.” In some cases, the insurance carrier makes more and more requests to continue its “investigation” while refusing to provide benefits. Whether denied or under an endless investigation, the result is the same. The injured person sits without the medical care needed to recover and return to work.

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