work comp

Published on: December 28, 2020

When Lightning Strikes — Outdoor Workers Risk Injury In Alabama Weather

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.

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Published on: June 1, 2020

Is The Insurance Company Expert Biased? How Does That Impact Your Personal Injury Claim?

By Jeff Blackwell

Is The Insurance Company Pulling The Strings?

I’ve been reading Bryan Stevenson’s book Just Mercy. Recent events across our country highlight the injustices described in this book and add to the immediate urgency for a more just system. It’s especially difficult to read Just Mercy when you are familiar with many of the cities and counties where the injustices in the book occurred. It’s also especially difficult to read the book when recent events across our nation remind (everyone) that systematic injustice and racism remain current events. Changes are needed.

When I started this blog several years ago, I committed to discussing solely personal injury issues. For the most part, I’ve kept that commitment. This week, it is especially difficult to do so. But, I’m going to try.

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Published on: March 16, 2020

The Importance Of Early Treatment For Traumatic Brain Injury

By Jeff Blackwell

Research reveals early treatment for traumatic brain injury is an important factor in patient recovery. I’ve represented many individuals suffering from traumatic brain injury (TBI) over the years. In helping these clients, I’ve long encouraged their families to help in the process of recovery. Family members can advocate for their loved ones with medical professionals and also participate in recovery within the home.

Unfortunately, our medical and legal systems often delay or prevent TBI victims from quickly obtaining the rehabilitation needed for their recovery. What issues can delay or prevent needed rehabilitation? How can a victim’s family and legal counsel help with these issues? Here are three issues which often prevent personal injury victims from obtaining needed TBI care quickly:

Personal Denial. Before an injury, the patient served many important roles — valued employee, devoted parent, loyal spouse. Suddenly, the patient is suffering symptoms of a brain injury that impact all these important roles. Many times, the patient does not even realize or fully understand what is happening. If the patient does understand, he or she may be embarrassed or depressed due to their problems. For many reasons, patients deny TBI injuries issues. Many TBI victims suffer in silence. Family involvement is so important.

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Published on: January 20, 2020

A Shameful History Of Workplace Injuries

By Jeff Blackwell

Workers at meat and poultry plants suffer some of the highest rates of occupational injury. In his 1906 book, The Jungle, Upton Sinclair wrote of the occupational dangers within Chicago’s meat processing plants. A hundred years later, food processing plants still function as if human labor and lives are expendable.

Chicago is famous for the meat-packing industry. In Alabama, these plants are typically chicken processing plants. They are places that employ people at low wages and expose them to non-stop processes. You don’t need me to tell you that many of these plants have a shameful history of workplace injuries and deaths. The numerous news stories already tell that history. Too many of these plants view people as cheap and expendable labor. But, that’s NOT how we should value human lives.

Over the last twenty years, I’ve represented numerous workers injured in Alabama poultry plants. Shoulder, arm and hand injuries are rampant. The assembly line moves too fast for any human to work long-term without injury. Yet, it’s more than just rapid assembly line injuries. The lack of safety concern also produces many injuries from falls, forklifts, and heavy lifting without proper equipment.

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Published on: October 19, 2016

Should Alabama Elect Appellate Judges Differently?

By Jeff Blackwell

A recent lawsuit challenges Alabama’s state-wide method of electing appellate court judges. National Public Radio (NPR) interviewed retired Federal Magistrate Judge Vanzetta McPherson about the lawsuit. McPherson previously served the Federal Court in Montgomery.

McPherson answered questions from the NPR host about the new election lawsuit. Alabama elects appellate judges in state-wide elections. The lawsuit alleges this state-wide process is a violation of the Federal Voting Rights Act. As McPherson explained in the NPR interview, minorities are not currently represented on Alabama’s appellate courts.

I’m not an expert on the Voting Rights Act. I will let McPherson discuss that issue. Our firm does pursue personal injury, work comp and other damage lawsuits to trial in counties across Alabama. Between trials and appeals, we follow the courts closely. I have long advocated a change to our appellate election system so judges could be elected by districts rather than state-wide. I wrote a prior article which discussed the issue in 2010. I welcome Judge McPherson’s discussion concerning diversity and representation on our appellate courts.

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