Legal Question in Workers Comp in Alabama

Workman comp payments

My husband had the 3 middle fingers on the right hand(primary hand) amputated in a saw on the job. The employer is saying that this is his fault and they are trying not to pay a weekly workman comp check...only pay medical payments..doctors bills, medicine, etc..We live in Alabama. Is this legal??


Asked on 7/07/09, 6:19 pm

2 Answers from Attorneys
Randal Ford Ford Firm

Re: Workman comp payments

Your husband should receive workers comp. Please contact Stewart Springer at 205.933.7070 as he has a lot of experience in these cases. There may be a tort claim (in addition to the comp claim) in this case.

Randal Ford

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Answered on 7/08/09, 11:23 am
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Workman comp payments

It depends. Did he violate some company policy or rule? Was he under the influence of any alcohol or drug? Was he horsing around? If the answer to all of these is no and if it was just an accident, his company is liable to him for workers compensation. Additionally, if there was supposed to be a guard on the machine and someone removed it without your husband's knowledge, he may have a co-employee claim for the removal of the guard (the one exception to the workers compensation exclusivity provision). If you have more questions, you may e-mail me at [email protected].

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Answered on 7/08/09, 3:32 pm


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