Work Injury Bibb County Do I need a Lawyer

Every day in Bibb County* Alabama, someone suffers some type of work injury; while most of the incidents are minor in nature and require only one or two visits to the workers' compensation physician, it is not always easy to tell whether an injury is merely a sprained muscle or something which will require surgery. What you do immediately following any work injury could have long lasting results on you and any potential workers' compensation claim. With this in mind, in the next few blogs, we will be discussing one of the most asked questions we hear from injured workers-do I need a lawyer.

The "preexisting condition" ruse: I could not count the number of times I have had a client come in who suffered a work injury, but was informed that workers' comp was refusing to accept liability because 20 years earlier the worker had hurt the same body part while playing High School baseball or in an automobile accident. The workers' comp adjuster claims that the injured workers' disability is due to the workers' pre-existing condition and therefore not covered under Alabama's Workers' Compensation Laws. This defense rarely works.

In Alabama, if a worker has a pre-existing condition which has not stopped them from being able to adequately perform their job duties, the law views the condition as being irrelevant. If you can do your job duties and a work injury worsens an underlying condition, then workers' compensation has to pick up liability for the worsened condition. This is because under Alabama's Workers' Compensation Statute, a job injury does not have to be the sole, or even the main, cause of an injured workers' disability; the job injury just has to be a contributing factor in the disability. Thus, if a work injury combines with or aggravates a pre-existing condition (which has not prevented the worker from performing their job duties in a normal manner) to cause a disability or death, then the workers' compensation insurance carrier is liable for said disability/death. As the Alabama Court of Civil Appeals stated:

"An actual aggravation of an existing infirmity, caused by an accident in the course of employment is compensable even though the accident would have caused no injury in a normal person." Reeves Rubber, Inc. v. Wallace, 912 So.2d 274, 280 (Ala.Civ.App.2005).

If you live in Brierfield, Greenpond or anywhere in Bibb County and have suffered a work injury, but you have been informed that liability has been denied, don't give up. Call an experienced Alabama Work Injury lawyer; contact Powell and Denny.

Powell and Denny: We Work When You Can't.

Offices in Birmingham, Alabama and Huntsville, AL

* Includes the cities, towns and communities of: Brent, Centreville, Vance, West Blocton, Woodstock, Brierfield, Greenpond, Lawley, Randolph, Eoline, Active, Six Miles.

Work Injury Bibb County Do I need a Lawyer