Legal Question in Workers Comp in Alabama

Re: Hurt on the job, due to faulty equipment of employer

I have several questions regarding your husband's case: When was your husband injured? Where was he injured? Does the company have more than 4 employees? Is the company or the company's carrier compensating him under their workers compensation? He is entitled to 2/3 of his average weekly wage (they look back one year). This is called Temporary Total Disability (TTD).

Is the forklift being preserved for inspection in order to make sure there was no defect? If the forklift was defective, you will not have a products liability claim unless it is still available and in the same condition when the accident occurred. A letter needs to be sent to the company requesting an inspection of the forklift and asking them to preserve it.

Were there any witnesses to the accident? The company needs to be put on notice of the workers compensation claim if they are not covering the claim. When your husband has reached maximum medical improvement (MMI) (as good as he is going to get - could be a year), they will stop paying his TTD. At that point, the doctor will assign him a physical impairment rating. Depending on whether he can return to work making the same amount he was making before the accident, your husband will need to obtain a vocational disability rating. The difference between a physical impairment rating and vocational disability rating can best be explained by the following example: if a piano player and a lawyer both lose their left hand, they will both have the same physical impairment rating (loss of a hand), but they will have vastly different vocational disability ratings because the pianist can no longer practice her craft; whereas, the lawyer can still practice law. Vocational disability takes into account your education, work experience and injury, not just the injury.

If you would like to discuss this further, please do not hesitate to give me a call (205) 254-3927.