Articles Tagged with notice

Published on:

Huntsville Workers Compensation LawyersI talk to injured workers in Alabama every day. If you are hurt on the job, you are likely entitled to work comp benefits. Those benefits should provide needed medical care and compensation. Too often, they do not. Alabama law is very unfair. Injured workers face many problems.

I could write a book discussing the many ways our work comp laws are unfair to injured workers. I have discussed many of those issues in prior articles on this blog. Today, I want to focus on five early mistakes injured workers make that can harm their claims.

The Worker Does NOT Report The Accident (IN WRITING) In A Timely Manner

Published on:

Alabama Accident & Injury LawyersInjured on the job in Alabama? Our work comp law requires you to notify your employer in order to receive benefits. You only have a short period of time to do so. You should notify your employer immediately in writing. To help, The Alabama Department of Labor even provides a standard form. The process should be simple? You have an accident. You tell your boss. You or your boss complete the written form. You receive work comp benefits.

In theory, it’s simple. The system was intended to be simple. In reality, it’s not always simple. Why? Some companies lie about accidents. Some companies really do NOT want to report any accidents or injuries. During the over two decades I’ve helped injured Alabama workers, I’ve tried multiple claims against a single manufacturing plant in Athens to verdict where the defense is always the same. In every single one of those cases, this employer did not report the accident when it happened. Later, the same employer lied about it. Don’t think I’m singling out one employer. I know several employers across northern Alabama who regularly refuse or fail to report accidents when they occur.

I receive several calls every month with a similar story. What is that story? The caller suffered a workplace accident. When it happened, he told the boss. But, nobody completed a written report. Sometimes, the worker initially thought he would be fine. So, he did not worry about it. Sometimes, the worker simply trusted the boss to take care of it. Several weeks later, the injured worker realized he needed medical care and asked the boss to provide a doctor. Suddenly, the boss “could not remember” any accident. Suddenly, the supervisor had no recall of any event. When that happens, your work comp claim will be denied.

Published on:

sky-78113_1280-300x200Many employers fail to report workplace injuries. The reason is often very simple — These employers do not want to provide workers’ compensation benefits to their injured employees. Sometimes these non-reporting employers simply choose not to complete an accident report. If the injury later turns serious, the lack of a written report can make the injured worker’s claim difficult to prove. I’ve faced these reporting disputes countless times over the years. Although you may have told your supervisor, he or she may conveniently “forget” the conversation in the absence of a written report.

Sometimes these non-reporting employers use their plant first aid department to avoid accident reporting. How? For one Alabama poultry plant, the plant nurse typically labels complaints as some sort of arthritic / degenerative problem rather than a work-related injury. At a local manufacturing plant near Huntsville, the company first aid department often claims the problem is due to a lack of conditioning and does not report the condition as an accident. Since the facility primarily employs workers through a local temp agency, the company can easily let the worker go. I frequently deal with reporting / notice issues in my Alabama workers’ compensation cases.

When it comes to Alabama workers’ compensation claims, I believe accidents are far under-reported. Let’s look outside of the reporting requirement of workers’ compensation. What about the Occupational Safety and Health Administration (OSHA)? OSHA does not record and document all workplace accidents and injuries. Employers are only required to report fatalities and certain very serious injuries to OSHA. Under OSHA, employers must report all work-related fatalities within 8 hours of an incident, and in-patient hospitalizations, amputations and losses of any eye, within 24 hours. Do employers properly report serious events to OSHA? No, they do not. I’ve handled a number of workplace fatality cases where the employer did not report the event to OSHA. I recently represented the family of a worker who collapsed and died after several days of heat stroke symptoms at a plant in northeast Alabama. The facility had no air conditioning and summer temperatures inside the plant often soared over 100 degrees. Despite several days of reports to the plant nurse prior to the death, the facility did not report the event to OSHA.

Published on:

Alabama Work Comp Claims: Blackwell Law FirmHurt on the job in Alabama? Our workers’ compensation laws provide valuable medical and disability benefits. You may need those benefits. You may not realize the importance of those benefits at the time of the accident. Many of our clients in both workers’ compensation claims and car accidents do NOT realize the extent of their injuries at the beginning.

Our workers’ compensation laws require injured workers to provide prompt notice of an accident. If you do not, then you cannot later recover workers’ compensation benefits. Notice seems simple. Yet, it is a frequent issue in many cases.

Alabama’s Workers’ Compensation Act talks in terms of “written” notice. Yet, our courts allow claims where notice is only oral and not provided in writing. I could give you a long legal lecture on how and why these notice requirements developed. That’s a different discussion for another day. I will say this — Alabama provides a standard accident notice for employers. You can find a copy HERE. If you suffer an accident and injury, make sure it is completed.

Published on:

Blackwell Law Firm - North Alabama Workers Compensation AttorneysIt’s a common pattern. A worker at a large factory suffers an on-the-job injury. He tells his supervisor who then sends him to the plant nurse. Many big factories have an on-site nurse or first-aid department. So, the hurting worker goes to first aid. Often, the hurting worker will return to the plant nurse several times over the course of days, weeks and months. Yet, the company does little or nothing to help its employee. Does the company send its hurt worker to a doctor? No. Does the company report the injury to its workers’ compensation carrier? No.

The injured employee continues to try and work. He or she continues to hurt. Eventually, one of two things usually occurs. Some injured workers simply give up. These employees seek outside medical care through private payment or private insurance. Other injured workers keep trying to work until the injury worsens severely. At that point, the injured worker cannot work. Because the plant nurse did not properly report the accident or injury, it may also be too late for workers’ compensation benefits. It’s a bad scenario for the injured worker.

Over the course of two decades, I’ve represented countless workers facing hurdles wrongly and needlessly created by the plant nurse. How does the plant nurse or first-aid department prevent needed medical care and workers’ compensation benefits? Here are a few ways a plant nurse can harm injured workers:

Published on:

Why do people call a lawyer after a work-related accident? What reasons lead to calling an attorney? While sitting in court on a recent workers’ compensation case, I started thinking about this issue.

For me, former clients are the best source of referrals. Work hard for your clients. Care for your clients. Do the best job you can. But, let’s set aside referrals for this post. Let’s talk about injured workers who do not know any attorney. What reasons would lead an injured worker to consult any attorney at all? A serious accident or injury presents many issues that can be helped by competent legal advice. Most personal injury attorneys provide a free consultation. We do. We are happy to answer legal questions.

What are some of the most frequent problems encountered by injured workers that lead them to call an attorney? Here are a few frequent reasons that might lead to calling an attorney:

Contact Information