From the Files of Powell and Denny
In this “From the Files of Powell and Denny,” I am going recount a three-day workers’ compensation trial we had in Florence, Alabama, in Lauderdale County-which is quite unusual in itself as most workers’ compensation cases can be tried in one day, but this wasn’t your usual case.
Our client worked as a Maintenance Man at an apartment complex in the Florence area, and while performing his job duties he unfortunately suffered a back injury. If the workers’ compensation adjuster would have done the right thing and had taken care of the injury, it would have been relatively easy (and cheaper for the workers comp insurance company) case to resolve, because while our client did have to have surgery-he recovered quite well and was able to obtain employment at another facility once he reached maximum medical improvement. However, rather than doing the right thing, the apartment complex argued that our client-the maintenance man who worked at the apartment complex-really wasn’t their employee, but rather-they argued-he was employed by another company that was employed to take care of the apartment grounds.
Our client had worked at the complex for several years. He had an office on the grounds, used the equipment present in said office to do his job, and was told by the apartment manager what he was supposed to do and when to do it-which is essentially the legal definition of an employer. We filed suit, and the defendant then filed a cross-claim, bringing in the lawn care provider as a defendant-claiming that they actually employed our client. During the pendency of the protracted litigation, our client had surgery on his own.
We spent three full days in trial arguing over who was our client’s employer, with most of the time being spent by the two defendant’s attorneys calling witnesses to review who had authority over our client. The judge eventually ruled that the apartment complex was in fact our client’s employer and ordered them to cover all of our client’s medical expenses. Not long after this verdict, we were able to settle the claim during mediation.
The defendant spent at least $50,000.00 in legal fees, not including the medial bills they had to cover later on and the amount of the settlement. They could have resolved this case much cheaper if they had just taken care of their injured worker and done the right thing, but they thought they could avoid liability and leave our client high and dry, but fortunately we were able to ensure our client received all the benefits he was legally entitled to receive.
If you have suffered a work injury and you feel like you are being jerked around, or if you just have questions about your right to Alabama Workers’ Compensation benefits, don’t hesitate to contact Powell and Denny and speak with one of the experienced workers compensation and lawyers and schedule a free consultation. Appointments are available in person, or virtually through Zoom for your convenience from wherever you live.
Powell and Denny: We Work When You Can’t
Offices in Birmingham, AL and Huntsville, AL
Alabama Workers’ Compensation Attorneys
Birmingham Workers’ Compensation Lawyers
Huntsville Workers’ Compensation Attorneys
North Alabama Workers Compensation Lawyers
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