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Alabama Workers' Compensation Attorney What if my Work Injury is not Job Related

Alabama Workers' Compensation Attorney What if my Work Injury is not Job Related

Alabama Workers' Compensation Attorney What if my Work Injury is not Job Related: Say what? I know that sounds like legalese, sort of like "that depends on what your definition of is is," but hopefully I can explain what I mean.

If you are on a scaffold at work, and the scaffold give way, causing you to fall and be injured, everyone (with the possible exception of the workers compensation adjuster) knows that your injury was related to the job that you were performing. It would be a compensable Alabama job injury. But what if you are injured when you slip in some liquid during lunch in the cafeteria, or if you slip and fall on some ice while entering your place of business-before you clock in-and are injured? These injuries were not directly related to your work duties, so in a sense, they were not "job related," but they may still be compensable injuries.

Let's take my two examples-slipping and falling in the cafeteria or slipping on ice while entering your place of business. Alabama law recognizes that certain activities performed by workers may not be solely for the benefit of their employer, but that the actions are incidental to employment, and injuries sustained while performing these incidental activities are also covered by workers compensation. This includes injuries which occur in the cafeteria or in the rest room (assuming no misconduct was taking place). The same is true for injuries which occur while you are "off the clock," as in Alabama "'employment is not limited by the actual time when the workman reaches the scene of his labor and begins it nor when he ceases, but includes a reasonable time, space, and opportunity before and after while he is at or near his place of employment." Cook v. AFC Enterprises, Inc., 826 So.2d 174, 177-178 (Ala.Civ.App.2002)(quoting from Thompson v. Anserall, Inc., 522 So.2d 284, 286 (Ala.Civ.App.1988).

So, the examples I provided would be compensable work injuries, even though it occurred while you were not performing job related activities, regardless of whether you were actually "working" at the time of your injury.

If you were hurt at work and you have questions about your right to Alabama Workers Compensation Benefits, don't hesitate to call and speak with one of the experienced Alabama Workers Compensation Attorneys at Powell and Denny today.

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Alabama Workers Compensation Attorney What if my Work Injury is not Job Relate

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