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I'VE BEEN HURT AT WORK, DO I HAVE TO PUT MY EMPLOYER ON NOTICE OF MY INJURY?
Posted by: Micah Adkins
March 30, 2009

I've been hurt on the job, do I have to put my employer on notice of my injury? In short, yes. Under the Alabama Workers' Compensation Act, an employee must give notice to the employer of the injury within five (5) days of the accident. Ala. Code (1975) Section 25-5-78. The notice requirement enables the employer to provide the employee quick access to medical care and treatment. In theory, the sooner the employee has access to medical care, the sooner the employee will be able to return to work.

Alternatively, the notice requirement is met if an employer has actual or constructive notice of the injury. In Russell, the Alabama Court of Civil Appeals defined actual knowledge as such information that would put a reasonable man on inquiry. Russell Coal Co. v. Williams, 550 So.2d 1007 (Ala. Civ. App. 1989). Constructive notice occurs when the employer observes an injury and has knowledge of surrounding facts connecting the injury to work. Virginia-Carolina Chem. Co. v. Cherry, 173 So. 86 (Ala. 1937). Also, oral notice may satisfy the notice requirement when the employer is notified that the injury occurred while in the line and scope of the employee's employment. Nabisco Biscuit Co. v. Slimp, 660 So.2d 991 (Ala Civ. App. 1993).  Because notice is so important, it is a better idea, if possible, to giver your employer notice, in writing, as soon after the accident as you can. 

If your employer is not given proper notice of the on the job injury, the Alabama Workers' Compensation Act can be unforgiving. For example, generally speaking, an employer is not required to pay for an employee's medical treatment. See Ex parte Gulf States Steel, Inc., 772 So.2d 1122 (Ala. 2000). However, the employee may be entitled to benefits if he can show "good reason" for not providing actual notice of the injury within ninety (90) days after the accident. See Ex parte Murray, 490 So.2d 1241 (Ala. 1986).

If you or a loved one has been hurt at work and your are not sure that the employer has notice of the on the job injury, contact attorney Micah Adkins for a confidential consultation.

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MY EMPLOYER SAYS I AM AN INDEPENDENT CONTRACTOR. AM I ELIGIBLE FOR WORKERS' COMP BENEFITS?
Posted by: Micah Adkins
December 22, 2008

Maybe. An independent contractor is defined as someone that is paid for performing the service of another without the employer-employee relationship. See Ex parte Curry, 607 So.2d 230 (Ala. 1992). Under the general rule, independent contractors are not covered by workers' compensation. However, whether a worker is an employee or independent contractor is a question of fact - not of title. Instead, the court will examine whether the employer reserved the right of control over the methods or procedures of the work. See Griffith v. Adams, 674 So.2d 556 (Ala. Civ. App. 1995).

For example, company hires worker as an "independent contractor" and the worker is paid without tax deductions bi-weekly. The company requires the worker to report to work Monday through Friday from 8:00 AM till 5:00 PM and supplies the worker with all necessary tools for the job. The company retains the right to terminate the worker at any time and for any reason.

Under Alabama law, the above-described "independent contractor" would be an employee and entitled to workers' compensation benefits because the company: (1) exercised its right to control the worker's activities; (2) controlled the method of payment to the worker; (3) furnished the equipment for the job; and (4) had the right to terminate the worker at will.

Have you been denied workers' compensation benefits because your employer has labeled you as an independent contractor? If yes, then call attorney Micah Adkins for a free workers' compensation case evaluation.

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WRONGFUL DEATH SUITS SETTLED
Posted by: Micah Adkins
November 05, 2008

According to Jeff Montgomery at News Journal Online, Valero Energy has settled with the families of two of its employees who died on the job.  The two employees suffocated while working on a refining tower.  Click here for full story.

If you or a loved one have been hurt at work, contact Micah Adkins for a free case evaluation.

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DOES MY EMPLOYER HAVE TO CARRY WORKERS' COMP INSURANCE?
Posted by: Micah Adkins
September 14, 2008

If an employer has 5 or more employees, then it must carry workers' compensation insurance for its employees.  The term employee includes all full or part-time employees, officers of a corporation or members of an LLC. Once the coverage is secured, the employer may choose to exclude the officers or members by filing with the Division an officer exemption form.  Your employer is at risk for additional liability if it does not carry the state mandated workers' compensation insurance.

If you have applied for workers' compensation benefits and have been denied - you need to contact an attorney to advocate for your legal rights.  Our firm handles workers' compensation claims and we never charge for a workers' compensation consultation.  Call Micah Adkins today for a free consultation.

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