Alabama Injury Lawyer Blog

On-the-job accidents and other mishaps at work can result in a range of injuries, from minor to severe. Occasionally, fatal accidents do occur at work. One problem is that most people do not take sufficient precautions, but employers also have a great responsibility to provide a safe work environment for their employees. As a Birmingham personal injury lawyer, I see stories in the news every week about workers hurt or killed on the job.

Lately, a news account illustrated the potential for injury on the job, even for a young person. According to reports, the Occupational Health and Safety Administration (OSHA) fined an Ashford, Alabama, manufacturing company after a 15-year-old boy received severe injuries when he accidentally fell into a wood processing machine on June 8 last year.

Referred to as a freak industrial accident, reports said that Brian Jacobs Jr. broke both his legs after he fell into an auger machine at the Summerford Pallet plant near old Highway 84 and Houston County Road 55. Jacobs was reportedly helping his stepfather, Jeff Davis, while he worked at the plant.

Fortunately for the teen, he recovered from his injuries. However, OSHA officials felt the safety measures at the plant were lacking. Summerford Pallet reportedly received nine violations and a total of $6,000 in fines from the federal government . The incident was made public by a recent Freedom of Information Act request made by the Dothan Eagle to OSHA.

The information supplied shoed that Summerford Pallet were hit with the citations and fine from on a number of safety violations discovered at the plant based on a two-day inspection following the accident.

According to news reports, on the day of the accident emergency responders from several different agencies worked for almost three hours to free the boy from the machinery, which is used to grind up mulch at the plant.

An AIRHeart helicopter took the boy to the nearby Southeast Alabama Medical Center, where he was admitted to the medical facility’s intensive care unit. Doctors apparently performed successful surgery to save the boy’s legs.

OSHA fines company where teen broke his legs while helping stepfather, AL.com, December 15, 2009

Local Teen hurt in accident in fair condition, DothanEagle.com, June 9, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Industrial Accident , Worker's Compensation

Tags: Alabama Personal Injury Attorney, Birmingham Injury Lawyer, employer liability, fine, industrial accident, On-the-job Injury, OSHA, Workman's Compensation

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On-the-job mishaps, on-premises accidents or other incidences involving bodily injury can not only disrupt your life, but also can put your family in a difficult financial situation. As a Birmingham personal injury lawyer, I have many years of experience handling cases for individuals who were hurt as a result of another person’s negligence. Before you agree to any settlement, I recommend that you consult a knowledgeable Alabama personal injury attorney to better understand you rights following an accident that leaves you temporarily or permanently disabled.

One example of how a qualified legal professional can help you in such situations is related to the area of liability. Take for example a worker injured on the job while working in a manufacturing facility. Initially, it may seem obvious that the owner of that factory or production plant is responsible for any accidents that occur while an employee is working for that company. But did you ever consider what attorneys refer to as “third-party” liability?

Here in Alabama, worker’s compensation benefits can come up short when compared to the lost income and medical expenses associated with an on-the-job injury. Employees injured while working at their place of employment should always consider the possibility of third-party liability when seeking recovery of expenses and other costs associated with an injury. In fact, the recovery from a third party can often be greater than that from the individual’s employer.

As part of my work as a personal injury lawyer, I typically investigate the causes of injury to determine whether or not a third party was responsible for the worker’s injury. It is not at all uncommon to find that a defective manufacturing machine or other device was the cause of the injury. If so, it is very possible that the equipment that caused the injury was defective to the extent that it was not designed correctly so as to protect the operator from injury or lessen certain hazards during operation. Many times, the lack of proper warnings or labeling on the machine could have contributed to the injury.

Third-party liability goes beyond the manufacturer of a machine. It can also be applied to employees of another company who may have themselves been the cause of an accident, such as a motor vehicle crash, which resulted in an injury. There are many types of negligence by third parties that can give an injured worker a cause of action. Because of this, consider carefully before you accept any settlement and by all means contact a lawyer right away. Your family’s future may depend on it.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Construction Accidents , Personal Injury , Slip & Fall Accidents , Worker's Compensation

Tags: Alabama Personal Injury Attorney, Birmingham Injury Lawyer, employer liability, on-premises injuries, On-the-job Injuries, slip and fall, Third-party Liability, Workman's Compensation

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Several employees at Frit Car in Brewton were injured on the job the afternoon of April 3 after being overcome by fumes inside the railway tank car they were servicing. Fortunately, someone was able to call for help, resulting in the Brewton Fire Department and Escambia County EMS responding to the scene, backed up by officers from the Brewton Police and Alabama Department of Public Safety.

Commercial and industrial accidents can be deadly and victims can suffer permanent bodily injury, and sometimes death. As a Birmingham Personal Injury Lawyer, I have experience representing the interests of my clients following a tragic accidental death or injury, such as these people endured.

Of the four, two of the workers were flown by LifeFlight to outlying hospitals, while a third was taken by ambulance to a local hospital, according to Brewton Fire Chief Lawrence Weaver. The fourth worker, who was not severely injured, received treatment at the scene.

According to reports, rescue personnel determined that the chemical fumes were isolated to within the rail car itself and that no other company employees, or the general public, were in danger from further exposure. Apparently, the four were exposed to a high concentration of fumes from a rubber solvent compound that is used to coat the inner walls of the tank.

Depending on the particular situation, a construction, commercial or industrial accident could result in personal injury or death. If you or a loved one has been injured or killed as a result of an accident on the job, we at Eversole Law recommend that you contact us immediately to protect your rights.

BREAKING NEWS: Workers injured at Frit Car, BrewtonStandard.com, April 3, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Worker's Compensation

Tags: industrial accident, injury on the job, workers compensation

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My office protecst the rights of the injured; whether it be in an auto accident, slip and fall case, dog bites, or those injured on the job. As an Birmingham, Alabama worker's compensation lawyer and attorney, my office represents clients injured on the job throughout the state of Alabama. If you have been injured while at work, or while performing job related work, you have a right to workmen's compensation. If you have been injured on the job, do not settle any claim without first speaking to an attorney who focuses their practice on Alabama worker's compensation. An experienced workmen's comp. lawyer and attorney will be able to get the maximum award you are entitled under Alabama's workmen's compensation laws. The companies and insurance carriers have lawyers working on against you, you should have a qualified Alabama worker's compensation lawyer working on your side as well. DO NOT SETTLE FOR LESS THAN YOU ARE ENTITLED! Call my Alabama worker's compensation firm today for a free evaluation. And remember, there is no fee unless we collect on your worker's compensation claim.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Worker's Compensation

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Regular employment of five or more people in any one business subjects an employer and his employees to the Alabama Workmen's Compensation Law. Certain kinds of employment are exempt from Worker's Compensation coverage:

(1) Independent contractors
(2) Real estate agents
(3) Employees whose work is casual and not in the ordinary trade or business of the employer
(4) Municipalities with a population of 250,000 or greater
(5) State employees
(6) Federal employees
(7) Railroad employees
(8) Owner/operators of commercial truck operating under certificate of public convenience

*** Those exempted from Worker's Compensation Coverage in Alabama are required to post a conspicuous notice of this exemption status.

Several Employers may elect to be covered by the Alabama Workmen Compensation Act:

(1) Employers of domestic employees
(2) Employers of farm laborers
(3) Employers who regularly employ less than five employees in any one business
(4) Municipalities with a population of less then 2000
(5) School Boards
(6) Volunteer fire departments and rescue squads

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Worker's Compensation

Tags: Workmen's Compensation

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Alabama Passes its first Workmen's Compensation legislation in 1919 and is codified in the Code of Alabama Section 25-5-1. The Alabama Worker's Compensation Law has been amended many times over the years. Payment of Worker Compensation benefits are based upon injury during employment, not the fault of a party. It provides an element of certainty as to the costs an employer may be required to cover for an employee's injury, and it provides some certainty of recovery for the employee as well.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Worker's Compensation

Tags: Alabama Workmen's Compensation

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