Alabama Injury Attorneys Blog

The law surrounding workers' compensation (WC) for federal employees is very complex. In many cases, a federal employee's initial application for WC can mean the difference between receiving benefits or not. This is why it is so important to complete your workers' compensation petition properly.
Our experienced Tuscaloosa Workers' Compensation Attorneys understand how important this is, and we can help protect your rights at each stage of the process.

Gilmore v. Director, Department of Labor is an 11th Circuit workers' compensation case that centers on jurisdiction and the Federal Employees' Compensation Act (FECA). "FECA is a comprehensive and exclusive workers' compensation scheme for federal civilian employees who are injured or killed while performing their work duties. " Gilmore v. Director, Department of Labor, No. 11-12747 (11th Cir. Feb. 6, 2012); see also Nobel v. United States, 216 F.3d 1229, 1234 (11 Cir. 2000).

The benefits awarded under this program include wage-loss benefits, monetary benefits, medical benefits and vocational rehabilitation. Additionally, there is a provision which provides benefits to dependents of an employee who died because of work-related injuries. The Secretary of Labor (Secretary) is responsible for deciding all of the questions surrounding the FECA but has delegated this authority to the Office of Workers' Compensation Program (OWCP).

All U.S. civilian employees who are paid with appropriated funds are covered by this FECA. With the addition of certain amendments coverage is extended to volunteers from the Peace Corps and VISTA; federal petit or grand jurors; Civil Air Patrol volunteer members, cadets of the Reserve Officer Training Corp; and non-federal law enforcement officers.

In order to comply with the requirements of the FECA, the injured employee or the deceased employee's estate must provide medical and factual evidence that the work accident occurred; that there was a diagnosis of a medical condition associated with the work related accident and injuries; the employee was performing their job duties when the work related accident occurred; and there must be a causal link between the work related injury and/or accident and the medical diagnosis.

If you are a federal employee who has been involved in a work-related injury, you must immediately notify your employer. Then, you must complete a written report specified by the Department of Labor and furnish this to your supervisor. If your injury is traumatic and you need further medical treatment, you must first obtain authorization for the additional treatment from your supervisor. Additionally, if you do suffer a traumatic injury, you must furnish your supervisor with medical evidence of your disability within days of your petition for pay continuation.

It is important to get the advice of an experienced workers' compensation attorney to understand what the statute of limitations is in your case, and other critical factors. The FECA sets time limits by which certain actions must be taken.

Gilmore is important because it reminds the reader that any decisions made by the Secretary or any appointed Board cannot be reviewed by an outside court. The only exceptions to this rule is where there is a clear statute that has been violated by Secretary or any appointed Board and where there is a valid constitutional claim against the process of determination. This is very important because your initial application for benefits under FECA must be done correctly in order for you to receive the benefits you deserve.

Gilmore (plaintiff) was a federal employee who was injured on the job. He applied for benefits consistent with FECA. The Workers' Compensation Board (Board) was presented with all of the factual and medical evidence. Upon the review of this information, the Board made a decision that the plaintiff was not entitled to back pay and interest. Plaintiff then argued that because of the rejection by the Board, he suffered a deprivation of property. He further contends that this deprivation of property was a violation of his substantive and procedural due process rights therefore invoking the constitutional exception to the general rule of judicial review. Therefore he sought the review of the Boards decision by the Eleventh Circuit.

The court held that the Board's rejection of plaintiff's petition was based on a reconsideration of the facts presented and therefore, immune from judicial review. Furthermore, the court said that the necessary requirements of due process are that the party be provided with notice of any impending hearing and an opportunity to be heard at a "meaningful time and in a meaningful manner." Plaintiff had an opportunity to present his arguments at the appropriate time; therefore, plaintiff could not show that he was deprived of his right to notice or a hearing.

For the reasons discussed above, the court found that the judicial system did not have jurisdiction over the case and the case was dismissed.

In federal workers' compensation cases, the Board and Director responsible for making a determination on your claim have a significant amount of power. Having the requisite information presented in the proper manner is essential to receiving the benefits you are entitled to.

Continue reading "Judicial Review in Workers' Compensation Cases Discussed in Gilmore v. Director, Department of Labor" »

Our Alabama workers' compensation and personal injury lawyers understand that construction zones are dangerous for both motorists and workers, especially when people aren't paying attention. According to The National Work Zone Safety Information Clearinghouse, there were more than 575 people killed in work zones in the U.S. in 2009. Alabama sees nearly a dozen of these kinds of fatalities a year. Of the nationwide fatalities, nearly 50 of the 575 were the result of a pedestrian accident involving a pedestrian and a vehicle or a piece of mobile equipment.

Last year, WorkZoneSafety.org released a statement discussing the importance of driver attention and worker protection in our nation's work zones. The organization asked motorists to practice safe driving in these areas to help protect our roadside workers. Motorists are asked to slow it down, to be cautious on uneven pavement, to abide by posted work zone signs, to stay away from workers and work zone equipment, to keep an eye out for other drivers and to expect the unexpected. Employers are asked to ensure that workers have all of the proper safety equipment to help to reduce the risks of these accidents. With cautious travel and safe working habits, we can all do our part to help to stop these kinds of accidents.

Continue reading "Construction Zones are Dangerous for Motorists and Workers" »

Just a decade ago, more than a dozen coal miners were killed because of multiple explosions that happened during the Jim Walter Resources coal mine accident in Brookwood, Alabama.

The disaster is the most catastrophic mining accident that happened in the U.S. in the last 20 years. The explosions were caused by methane gas, which is a common danger underground, according to NPR. One miner was trapped alone after the first explosion. A dozen rescuers were killed in a second explosion.

Our Tuscaloosa workers compensation attorneys understand how dangerous mining work can be. Mine owners have an obligation to keep work sites safe for employees. The properties have to be secure for all others who may visit, regardless of whether they're entering the mine or not.

After the accident was examined, the Mine Safety and Health Administration (MSHA) hit the mining company with nearly $450,000 in fines. These fines were later reduced to $5,000.

"It's worth remembering that the Bush administration's response to Brookwood was to proceed to dismantle the regulatory safety net intended to protect our nation's coal miners," said Ken Ward in the Charleston Gazette

The late Senator Robert Byrd (D-WV), commented an all too familiar pattern following mining accidents. He said first comes the disaster, then comes the mourning and then comes the public outrage. Lastly, he said that when all the cameras and the publicity is gone, the miners are tossed right back into the dangerous and uncorrected work sites.

To help to change this pattern and to recognize those who we have lost in the mining industry, leaders and residents recently gathered for the "Alabama Coal Miners in Remembrance of Fallen Miners" ceremony that was held at the Tuscaloosa Amphitheater. Visitors sang songs, held candles and released doves throughout the spiritual ceremony to remember these 13 miners lost just 10 years ago. Siran Stacy, former Crimson Tide football star, and Cecil Roberts, the President of United Mine Workers of America, spoke at the ceremony.

According to SciVerse, there were more than 31,000,000 workdays lost because of injuries resulting from mining work in the U.S. from 1983 to 2004.

According to the Bureau of Labor Statistics, there were nearly 50 mining-related work fatalities in 2006 in the U.S. This was up nearly 25 deaths from the average of 2003 to 2005.

Mining accidents that killed more than one worker at a time accounted for the fatalities of more than 20 of these workers. More than 30 of these fatalities were in bituminous coal underground mining. It's no surprise that fire and explosions were the most common cause of fatal accidents during the year. They took the lives of more than 15 workers. The second leading cause for mining deaths was contact with objects which took about 10 lives, followed by about 5 transportation incidents. There have been nearly 40 work-related accidents among miners in Alabama since 2000.

Continue reading "State Stops to Remember those Lost in Brookwood, Alabama Mining Accident" »

Workplace injuries and accidents kill about 4,500 people a year - 15 so far this year in Alabama - and cost U.S. businesses billions.

Elizabeth Maples is the deputy director for the Deep South Center for Occupational Health and Safety at the University of Alabama at Birmingham's Ryals School of Public Health. It is one of 17 national academic research and teaching centers chartered by the legislation that created the Occupational Safety and Health Administration ("OSHA") in 1971. The center offers graduate-level courses on how to identify, prevent and fix workplace hazards.

"Others include Johns Hopkins University, Harvard, the University of South Florida and the University of Washington," Maples said. "We are in good company."

Students at the center learn about workplace hazards, physical hazards and stress factors. Maples noted that the aging workforce is a critical component that is changing traditional thinking regarding workplace hazards. Maples also said that "OSHA can't be everywhere, all the time. Some companies and workers do very well, others not so well. But the point is to go beyond just what is required by OSHA. It is all about creating a culture of safety."

Source: The Birmingham News

The Occupational Safety & Health Administration is conducting an all-out blitz on the dangers of heat-related work injuries in Alabama and elsewhere. Heading into fall harvest season, the government's top work-safety watchdog is also sounding the alarm about the risks of silo entrapment, and other farming accidents.

Our Birmingham workers' compensation lawyers encourage employees to be mindful of the risks -- and employers to do their part in preventing work injuries in Birmingham, Tuscaloosa and elsewhere in Alabama. OSHA is pushing a web-based app aimed at helping employers keep workers safe in the sun.

"Summer heat presents a serious issue that affects some of the most vulnerable workers in our country, and education is crucial to keeping them safe," said Secretary of Labor Hilda L. Solis. "Heat-related illnesses are preventable. This new app is just one way the Labor Department is getting that message out."

The app uses the heat index as published by the U.S. National Oceanic and Atmospheric Administration to determine necessary protective measures. Download here.

Tips to prevent heat stroke in Alabama include:

-Provide plenty of water.

-Schedule rest breaks in the shade or air conditioning.

-Train employees about the risk.

-Schedule heavy tasks for the cool mornings.

-Be prepared for medical emergencies.

About Heat Exhaustion:

- Can lead to heat stroke, which can be fatal.

-Occurs when the body quits cooling itself by producing sweat.

-Common symptoms are profuse sweating, vomiting, headache, muscle cramps and weakness.

-Heat stroke occurs when the body's temperature exceeds 106 degrees and is a life-threatening medical emergency.

The Federal Motor Carrier Safety Administration has decided not to involve itself in the requirements for farm transport through the fall harvest season -- such rules and regulations will be left up to states, and to common sense. However, motorists are always at increased risk of car accidents in Alabama when large, slow-moving farm equipment hits the roads for the fall harvest season. Drivers of such equipment may also be exempted from the professional requirements of a commercial driver's license.

"We have no intention of instituting onerous regulations on the hardworking farmers who feed our country and fuel our economy," said Secretary Ray LaHood. "Farmers deserve to know that reasonable, common sense exemptions will continue to be consistently available to agricultural operations across the country, and that's why we released this guidance."

Lastly, OSHA is warning about the risks of worker engulfment and suffocation in grain bins.

"Suffocation from engulfment is the leading cause of death in grain bins and the number of tragedies continues to climb," said Dr. David Michaels. "They can be avoided if owners and operators use well-known safety measures that are proven to prevent workers from being killed or seriously injured."

Last year, 51 workers were engulfed in grain bins -- the highest number on record. Twenty-six died.

Corn, wheat, oats or other grains can engulf and suffocate an employee. Workers standing in moving grain can be pulled under like quicksand. Three workers were killed during one week in June.