From the Files of Powell and Denny
This morning in “From the Files of Powell and Denny” I am discussing a workers compensation case that arose out of a car wreck out client was involved in back in the late 90’s in Jefferson County, Alabama.
Our client was an employee of Ard Contracting, Inc. in Birmingham, AL. On his way to a work site some material fell out of the back of his truck and when he stopped to exit the truck to pick up the material, he was struck from behind by another vehicle. The Police found that our client was at fault, and when he contacted our office, he thought that he would not have a viable claim since the accident was his fault, but we informed him that just because he was at fault did not mean that he was not entitled to Alabama workers’ compensation benefits in his case, and we pursued the claim.
As a result of the car wreck, our client suffered a shoulder injury and a herniated disc at C4-5. We were able to show Ard Contracting’s attorneys that our client’s actions did not equate to a level where his injuries would not be covered under Alabama’s workers’ compensation laws, but they argued that the neck surgery should not be included because our client’s neck pain grew worse when he picked up something off the floor at his house, but in Alabama, “…[n]othing about…25-5-58…requires this court to deny an employee workers’ compensation benefits because a non-work related action triggers a disability caused by a work-related injury.” Pike County Commission v. Green, 740 So.2d 1076 (Ala.Civ.App.1998). What this means is that if you suffer a job injury, and then something relatively minor occurs later which exacerbates the condition, then your injury may still be covered under workers compensation. In this case, we contacted the surgeon and went through the records and the history of our client’s injury, and the surgeon opined that the accident our client was involved in was the actual proximate cause of the cervical herniation and need for surgery.
Thanks to the opinion of the surgeon, we were able to ensure our client received the surgery they needed and eventually we were able to reach a settlement in this claim, with the right to future medical benefits left intact.
If you have suffered a work injury and have questions about your right to Alabama Workers’ Compensation benefits or benefits for a related Third-Party claim, don’t hesitate to contact Powell and Denny and speak with one of the experienced workers compensation and personal injury lawyers and schedule a free consultation. Appointments are available in person, or virtually through Zoom for your convenience from wherever you live.
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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 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 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
+ 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, Alabaster, Pelham, Trussville and towns and cities in between.
From the Files of Powell and Denny