Alabama Workers Compensation Information

Alabama Workers Compensation Information

The Mobile Alabama law firm of Boteler, Finley & Wolfe has a free publication available for injured workers who have questions about Alabama Workers Compensation laws and benefits. On the Job Injuries: A Guide for Injured Workers – Alabama edition provides detailed information about many aspects of the Workers Compensation laws in Alabama. Written by top rated personal injury attorney Mark Wolfe, the guide provides a quick and easy to read summary of Alabama workers compensation laws as well as practical pointers and suggestions. Below is an Annotated table of Contents for this free publication. To get your copy call Boteler, Finley & Wolfe toll free at 1 866 975-7766 or for a digital version complete with resource hyperlinks, e-mail Mark Wolfe at mark@bfw-lawyers.com and put Guide for Injured Workers in the subject line. FREE CONSULTATIONS ALSO AVAILABLE.

On the Job Injuries: A Guide for Injured Workers – Alabama edition  Annotated Table of Contents

CH I. A Quick Summary of Alabama Workers Compensation Laws. Provides a quick and easy to read summary of Alabama workers compensation laws to help injured workers get a basic understanding of the wage and medical benefits available to them after being injured on the job.

CH II. On the Job Injury – Defined. Covers the basic definition of an “on the job injury” and discusses reporting requirements for an on the job injury. This section also provides practical advice and recommendations to help report and document an on the job injury.

CH III. Benefits Available to Injured Workers. Discusses the difference between a scheduled and non-scheduled injury. Discusses the lost wage benefits available to injured workers and how benefits are calculated. It reviews the medical benefits afforded to injured workers. Also, discusses and reviews death benefits available to family members. Covers vocational retraining benefits.

CH IV. Occupational Disease, Exposure Claims and Repetitive Injury Claims. Covers the definition of occupational disease and exposure claims and which includes injuries such as repetitive motion injuries. Defines legal and medical causation for these claims.

CH V. Injured Workers Rights. Discusses some of the basic rights of injured workers under the Alabama Workers’ Compensation Act.

CH VI. Hiring an Attorney. Discusses factors for injured workers to consider such as when to consult with an attorney and when to consider hiring an attorney to assist with a workers compensation claim. Also covers the prescribed contingency fees authorized for attorneys under the Alabama Workers Compensation Act.

CH VII. Practical Pointers and Suggestions. Provides injured workers with some practical suggestions related to workers compensation claims.

CH VIII. Resources and References. Provides injured workers with helpful resources and references related to a job related injury claim.

To get your copy call Boteler, Finley & Wolfe toll free at 1 866 975-7766 or for a digital version complete with resource hyperlinks, e-mail Mark Wolfe at mark@bfw-lawyers.com and put Guide for Injured Workers in the subject line. FREE CONSULTATIONS ALSO AVAILABLE.

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Required Disclaimers:

Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.

CASE REJECTED BY TV LAWYER

Denied Accidental Death Life Insurance Benefits

For the second time in less than two weeks, Mark Wolfe of Boteler, Finley & Wolfe has helped a local family recover accidental death life insurance benefits that were originally denied by the insurance company. In this most recent case, Mark was able to secure the benefits through the Federally required appeal process. In the other case, a lawsuit was required in State court but benefits were paid after written discovery and depositions had been completed.

Both matters centered around “coverage exclusions” in the accidental death insurance policies. According to Wolfe, most accidental death policies, or double indemnity provisions in life insurance policies, have a number of exclusions that insurance companies can fall back on to try and deny benefits. “These exclusions can apply even if the death certificate lists the cause of death as accidental,” he said.

 According to Wolfe, most people do not realize just how many exclusions are contained in accidental death life insurance policies nor do they understand the legal issues related to the application of these exclusions to the facts of the death. “These type of claims can be very legally technical and medically complex,” he said. He further stated that many claimants do not seek legal advice after a claim is denied because the insurance company usually sends out a “detailed” letter explaining why the benefits are being denied and often these letters reference medical conditions or contain lots of legal jargon. “These denial of benefits letters are intended to be intimidating and designed to discourage the claimant from pursuing the matter further.” However, Wolfe pointed out that a qualified and experienced insurance claims attorney can review the denial of benefits letter and investigate the denial further to determine if the denial is actually legitimate. He reported, “I helped one family that had received a two page denial of benefits letter explaining in complex medical detail what information from the deceased’s hospital records supported their position that the death was not accidental. The letter just didn’t seem right to me so I got involved and it turned out the company had simply reviewed the hospital admission summary and the death discharge report. They failed to review or consider a CT scan during the hospital stay prior to death that showed a large cerebral hemorrhage. I had the CT scan results reviewed by a radiologist and a neurosurgeon who both concluded that the hemorrhage was traumatic in origin and most likely from the fall the deceased had in her bathroom prior to being admitted to the hospital. On behalf of the family, I presented the insurance company with affidavits from both doctors confirming that the death was in fact accidental and the company paid the benefits as well as additional damages for the wrongful denial of insurance benefits.”

Wolfe, who has been helping individuals present and prosecute insurance claims since 1988 and is one of America’s best lawyers, urged anyone who has a claim for accidental death life insurance benefits denied to consult with an experienced insurance claim attorney. This is especially true if the insurance policy in question was provided through an employer. [Click here for important information about employer provided insurance polices.]  He also said, “most attorneys who practice in this area of law provide free consultations and will only charge a fee if they recover the benefits in dispute.” If you have questions about a denied life insurance claim, e-mail Mark today at mark@bfw-lawyers.com

tort attorney   Required Disclaimers:

Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free Background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.

Car Accident Information

Car Accident Insurance Claim Information Available at No Charge From Boteler, Finley & Wolfe, Attorneys at Law MVC Handbook 2013 ed 2 If you have recently been involved in a car accident, it is probably too soon to know if you will need to hire a lawyer to help you. However, it is not too soon for you to know your rights and to learn about the insurance claim process related to your accident. That is why for almost 20 years the law firm of Boteler, Finley & Wolfe has been publishing and distributing, at no charge, the award winning booklet: Motor Vehicle Collisions: A Victim’s Handbook – Ala ed. This 28 page guide explains the legal standards for your property damage claim and your bodily injury claim. It explains the various insurance coverages available to you and how to best document your claim for insurance presentation. Written by attorney Mark Wolfe, one of America’s top rated auto-crash lawyers, this guide also explains how insurance adjusters try to minimize claim pay-outs and what you need to know if you decide to consult with an attorney. Before you run out and hire a lawyer based upon a TV commercial, read this free publication about car accident injury and property damage claims. Available in print or as a .pdf download from the Boteler, Finley & Wolfe web site publications page. Or call today toll free 1 866 975-7766.   Required Disclaimers:

Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers.
The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free Background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997).
General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.

 

Medical Causation Often Overlooked in Personal Injury Claims

No matter the type of personal injury –  automobile accident claim, worker’s compensation claim, longshoreman’s claim, slip and fall claim, or product liability claim – an often overlooked legal issue is medical causation.  In any personal injury case, the burden is on the injured person to establish the incident/accident caused or was the contributing cause of the injury.  Said another way, proof that an injury “could have” or “possibly” resulted from an incident/accident does not meet an injured’s legal burden.  Instead, it is necessary the evidence reflect that the injury “more than likely” or “ to a reasonable degree of medical certainty” resulted from the incident/accident.  While typically this “test” requires the testimony of a doctor, the courts often look at the full context of all the lay and expert witnesses’ testimony before determining whether the injured person has met his/her burden.  This said, in a majority of personal injury cases in the southeast, testimony from the injured’s treating physician is often sought to satisfy the medical causation “test.”  As a consequence, it is important, if not critical, for the injured person to be patient and forthright with his/her treating physician.  Additionally, it is important to explain the mechanism of injury to the doctor early on so that the provider’s records provide a date certain the incident/accident causing the injury occurred.

Whittier v. Amercian Honda Motor Company Inc.

U.S. District Court, Southern District of Georgia, Brunswick Division, Case Number: 2:13 CV-0051-LGW-JEG – Products Liability – Automotive This automobile products liability case involved a defective ignition lock-out system in a 2004 Honda Pilot. The ignition lock-out system on a vehicle is designed to prevent the transmission from slipping out of park and rolling when the vehicle is running or is turned off. On October 20, 2011 Ms. Whittier reached inside her vehicle to turn it off after unloading her luggage. The vehicle was in park but when she turned off the motor the defective ignition lock-out system allowed the vehicle to jump out of park and the vehicle rolled over her. She received severe leg injuries which required surgery and the placement of titanium rods and plates. She was out of work for a year while recovering from the injuries. Mark Wolfe of Boteler, Finley & Wolfe handled the case for her and used automotive expert Gerald Rosenbluth of Automotive Consulting Services, Inc. to document the defect and assemble an exemplary ignition system that did not have the defective components. Roy J. Boyd, Jr., of Killian & Boyd P.C. in Brunswick, GA served as local counsel for Ms. Whittier. After six months of litigation, the parties agreed to a voluntary mediation of the case. Charles K. Reed of Hennig Mediation & Arbitration Services, Inc. served as the mediator for the case and he was able to help the parties reach a settlement. At the request of Ms. Whittier, the parties agreed not to disclose the amount of the settlement.