From the Files of Powell and Denny
In this week’s stroll down Memory Lane, “From the Files of Powell and Denny” is about a case out of Moulton, Alabama, in Lawrence County, where we represented our client in both a workers compensation and personal injury claim that arose from the same work injury.
While our client lived in Chattanooga, TN, he worked out of Moulton, AL, on one day he was in the back of a truck trailer loading some boxes when the trailer he was in was struck by a semi being driven by a Federal Express driver. The Fed Ex driver was trying to link up the trailer to his rig, but he had failed to look to see if anyone was in the back of the trailer.
When the Federal Express driver struck the trailer, our client was tossed around violently, injuring his neck. At this point our firm was hired and we began working on our client’s workers’ compensation claim, and we also opened a file for a Third-Party negligence claim against Fed Ex.
Unfortunately, our client suffered a ruptured disk to his neck at C5-6 as a result of his job injury. Workers’ comp had sent our client to Dr. Cho at Spine & Neuro. Initially Dr. Cho sent our client to Decatur Morgan Rehab Associates, but when our client’s condition failed to significantly improve, Dr. Cho informed our client that surgery was needed-but the workers’ compensation adjuster failed to immediately approve the surgery. When we asked what the hold up was, we were told that the surgery had not been denied—but before approving the neck surgery they wanted our client to see another doctor they picked for an Independent Medical Examination (IME). I told the defendant that was not going to happen and we filed a lawsuit and Motion to Compel Medical Treatment. Long story short, Dr. Cho received authorization to do surgery to repair the ruptured disc at C5-6.
Our client recovered from his injury and was referred to Tennessee Valley Pain Consultants for complaints related to his job injury. Our client was not totally disabled, but he was unable to perform the job duties he had prior to his job injury, but we were able to obtain a settlement of his workers’ comp claim for over $60,000.00, with lifetime medical benefits left open—while still working on his Third Party claim for negligence against Federal Express.
General tort claims for damages caused by the negligence or reckless actions of another party have different aspects to a legal claim than a workers’ compensation claim-but there are similarities as well. During the entire time we were fighting to ensure our client received all the benefits he was legally entitled to receive, we were in communication with the attorneys who were representing Fed Ex and we made sure that they were receiving copies of all the medical records and bills related to our client’s cervical injury.
A little while after the settlement of his workers’ compensation case, we successfully mediated his personal injury claim for $395,000.00.
It is not uncommon for an injured worker to have a claim for workers’ compensation benefits, and also a claim against a Third Party for causing their injuries, which is why it is so important that in such a situation-you pick a law firm with years of experience handling both workers compensation and personal injury claims—and at Powell and Denny, both Mr. Powell and Mr. Denny have over 30 years of individual experience handling both type of cases.
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.
Powell and Denny: We Work When You Can’t
Offices in Birmingham, AL and Huntsville, AL
Alabama Workers’ Compensation Attorneys
Birmingham Workers’ Compensation Lawyers
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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