Alabama Workers Compensation Lawyer     Does it matter where my job injury occurred

Alabama Workers Compensation Lawyer     Does it matter where my job injury occurred

The lawyers at Powell and Denny have both handled Alabama Work Injury claims for over 30 years, and we have heard a lot of questions from injured workers contacting us with questions about their workers compensation claim.  One that we hear from time to time is “does it matter where I was hurt?”  Where you were injured can have an effect on your Alabama workers compensation claim, depending on the facts.

For instance, many workers are surprised when we tell them that an injury suffered while entering or leaving work can still be a compensable workers compensation claim. It is understandable that the injured worker might think otherwise; they were off the clock and not working when they fell, and their boss may have even indicated that such an injury would not be covered under workers comp, but this is usually wrong.

In Alabama, an injured employee’s “’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. One of the tests is whether the workman is still on the premises of his employer. It was further stated that an employee’s completing his actual service for the workday and preparing to leave the employer’s premises at a suitable interval of time thereafter are acts naturally related and incidental to the course 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).

What this means is that if you tripped/slipped and fell or were struck by something while you were trying to enter or leave your place of business, or in the company provided parking lot, the law considers you still acting in the normal course of your employment and therefore any injuries sustained would be covered by workmans’ compensation.

Additionally, Alabama law holds that injuries suffered during a breakfast, lunch or dinner break can also be viewed as an injury suffered while an employee is conducting activities incidental to their employment-acts necessary to the life, comfort or convenience of the employee-may be compensable injuries.  These types of injuries have to take place at an appropriate time and place as well.  If you are in the lunchroom and slip and fall in some liquid on the floor, any injury you sustained would be covered under workers compensation; however, if you were goofing off, any injury would not be covered.  A more difficult question is what if you are driving somewhere off-site for lunch and are injured. If your job calls for you to drive and you are often off-site and free to eat lunch at an appropriate location, then your injury should be covered. If you just choose to run out to grab a burger and had a wreck, you may have a personal injury claim but most likely you would not be entitled to workers compensation benefits.

What if driving is part of your job?  Traditionally, Alabama Workers Compensation law did not allow a worker who was injured while either driving to work, driving to perform personal errands or driving home after work, to collect workers compensation benefits if they suffered an injury during this time (although they could still proceed with any potential personal injury claim if applicable).  However, as American society grew more mobile-with jobs oft time requiring lengthy commutes- Alabama workers’ compensation law has developed some exceptions to what it generally called the “going and coming rule.”

First, if while traveling to work or home, the worker is also doing something for their employer (classified as a “special errand”), then any injuries they sustain may be covered under our workers’ compensation law.

Secondly, some case law holds that in the situation where the employer pays for their employees’ travel to or from work, then any injuries would be considered compensable.

Lastly, if the employee was injured while performing activities incidental to employment (eg: going to lunch or restroom breaks), then any injuries sustained would be covered under Alabama’s workers’ compensation laws.

If you have suffered a job injury and you have questions about your rights under Alabama Workers Compensation laws, please do not hesitate to contact and speak with one of the experienced Alabama+ Workers Comp Lawyers at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live.

Powell and Denny: We Work When You Can’t

Offices in Huntsville, AL and Birmingham, AL

 

Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 7 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry and selected as a Lawyer of Distinction.

 

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Brent, West Blockton, Woodstock, Brierfield, Lake View and towns and cities in between.

 

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Alabama Workers Compensation Lawyer          Does it matter where my job injury occurred