“An actual aggravation of an existing infirmity, caused by an accident in the course of employment is compensable even though the accident would have caused no injury in a normal person.” Reeves Rubber, Inc.
In the clearest expression of this rule, the Alabama Court of Civil Appeals held that: Ex parte Valdez, supra.Ĭarrying the contributing cause standard to its logical conclusion, the Alabama Courts have held that medical causation is established when the work accident aggravates, accelerates, or combines with an employee’s preexisting infirmity to cause a disabling injury or death. If the workplace trauma, strain or exertion combines with a non-occupational trauma, strain or exposure or an idiopathic condition to produce a personal injury, the injury and its entire effects will be compensable. The employee is not required to produce evidence that the employment-related trauma, strain or exposure was the only factor contributing to the injury. To further clarify, the Supreme Court of Alabama held that a hazard can be a contributing cause if it is one of multiple factors acting in concert to bring about the occupational injury. “It is not necessary that the employment related injury be the sole cause, or the dominant cause of the employee’s injury and disability, so long as it was a contributing cause.” Id. According to the Supreme Court of Alabama, the test is not whether non-occupational factors could have caused the employee’s injury on their own, but whether the industrial accident contributed to cause the employee’s condition. 1994), the Supreme Court of Alabama explained the medical causation standard. If the work accident is a contributing cause to the injury, the injury and the resulting disability are compensable. To establish medical causation for a work accident or a workplace injury, the employee only needs to show that the strain or exposure to employment conditions was a contributing cause of the injury. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.How to Avoid Preexisting Conditions Under the Alabama Workers’ Compensation Law The valuation of a case depends on the facts, the damages, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The recoveries, verdicts, favorable outcomes, and testimonials described on this site are not an indication of future results. REMOVE POSTĭisclaimer: Fob James Law Firm, LLC is affiliated with Foster James, LLC. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. Our deepest condolences go out to the families of the victims of this horrible incident.
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If you lose a loved one in an accident, please contact one of our wrongful death attorneys or call us at 20 to set up a free consultation. Police must investigate these crashes thoroughly to determine the cause of the accident.Īt Fob James Law Firm, we understand how devastating these accidents can be for loved ones and the victims of these accidents. Unfortunately, tragic accidents like this happen around the state of Alabama. Contact the Muscle Shoals, AL Wrongful Death Lawyers at Fob James Law Firm If You Need Legal Help
The identity of the children has not been released. The Florence City School System said the child who died was a student at Harlan Elementary School. The older child was operating the forklift when the younger one fell off and was killed. A statement from the Muscle Shoals Police Department says two juveniles were at a warehouse where their parents work on the TVA Reservation when they snuck away from the adults to play on Saturday. ( Muscle Shoals, Alabama December 21, 2021) - Authorities say a kindergartner died after falling off a forklift that was driven by an older child while both were playing in a north Alabama warehouse. | By Fob James, IV | Read Time: < 1 minute Alabama Accident News
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