Faqs

Where do I start when applying for Social Security disability benefits? First, consider going to the Social Security Administration website (ssa.gov) to determine if you meet the basic required criteria for disability. There are three basic ways to apply for benefits: on the phone, online or in person.  The Social Security Administration toll-free telephone number is 1-800-772-1213. They are open 7a-7pm.

Disability does not mean that you cannot currently work or that you can no longer work ever again. Each claim is fact specific. There are certain requirements a claimant must meet before being approved for benefits. You should consult with a lawyer if you have questions.  Consider calling us at The Nomberg Law Firm. 205-930-6900. We will be glad to discuss your situation with you.  

 

 

In workers’ compensation and personal injuries claims it is crucial that you tell the treating physician as much as you can about what injuries you have, what symptoms you are feeling and that these came from the accident. Not just how you feel at the time you are meeting with the doctor, but also all the symptoms such as pain that you have felt from the time of the accident up to this office visit and evaluation. You are one of hundreds of patients for your doctor. The doctor cannot be expected to recall everything about every patient. The office notes are the best way to remind the doctor of what you all discussed when you saw him. This becomes very important later on when the doctor testifies in your case.

For more information on this subject, please read our blog post:

https://nomberglaw.com/blog/workers-compensation/trust-doctor-treating-work-related-injury/

 

In this video, Bernard discusses what a scheduled injury is and what body as a whole means in Alabama workers’ compensation cases.

We have previously discussed this subject in NomBlog:

YOUR JOB MAY COST YOU AN ARM AND A LEG………… BUT THAT ARM AND LEG ARE WORTH MORE IN ALMOST EVERY STATE OTHER THAN ALABAMA

Propublica published a most interesting interactive chart showing how much compensation a worker is entitled to receive for injuries sustained on the job. This state by state comparison is really informative and also troubling for Alabama workers. Unfortunately for Alabama workers, Alabama’s values are the lowest in the United States for almost every injury and well below the national average.

For instance, the total loss of an arm pursuant to the Alabama’s Workers’ Compensation Act is worth $48,840. In Georgia, the same injury is worth $118,125. In Mississippi, the injury is worth almost double Alabama at $92,718. Alabama is well-below the national average at $169,878.

For the total loss of a leg in Alabama, the injury is worth $44,000. In Georgia, it is worth $118,125, while in Mississippi it is worth almost double Alabama at $81,128. The national average is $153,221, so Alabama is $110,000 lower than the national average.

As shown above, Alabama workers have limited recovery pursuant to the Alabama Workers’ Compensation Act. However, we believe an experienced workers’ compensation attorney can maximize the recovery for the injured worker and give proper legal advice in order serve the best interests of the injured worker.

In this video, Bernard is joined by trainer Brett Andrews. Bernard and Brett discuss keeping healthy in the workplace.

Check out our recent blog post on this topic, entitled Workplace Ergonomics: Does My Employer Have to Provide Comfort in the Workplace?

United Airlines passenger David Dao certainly did not feel comfortable being dragged off of an aircraft after the airline overbooked the flight. United asked for volunteers to de-board the plane, but when they did not get the four volunteers they were seeking, David Dao was asked to leave. After he declined to leave, security then ripped him from his seat, causing him to hit his head on the armrest, breaking his nose and giving him a concussion in the process. United had little concern for the comfort of David Dao, but what about your employer? Do they have to give some attention to your level of comfort at work? Probably so.

Ergonomics deals with the design of office furniture to increase efficiency and comfort in the working environment. Nobody likes having to sit at a desk in a stiff chair for 8 hours. Nor does anyone want to crane their neck at a computer that sits too low or too high on their desk.

According to the Occupational Health and Safety Administration, there is no requirement that your employer provide ergonomic furniture such as desks or chairs, but under the General Duty Clause § 5(a)(1), they do have an obligation to keep the workplace free and clear of hazards, which includes ergonomic hazards.[1]

Ergonomic hazards can take different forms, but typically the hazards result in musculoskeletal disorders. Bending down, reaching overhead, heavy lifting, awkward body posture, or repetitive tasks can all be ergonomic hazards and increase chances of injury. Common sense tells us that sitting in a chair without the proper back support for 8 hours a day/5 days a week can be a significant cause of back pain—one that can be eliminated.

Implementing ergonomically sound accommodations can be daunting to employers because of the cost, however employers should have a policy for ergonomic equipment, whether it is offered to all employees universally or only to those who perform certain job tasks.

Do not be afraid to approach your employer requesting accommodations. Existing equipment can be modified, tools can be used to assist already existing equipment, or changes can be made in workplace practice. Employees provided with ergonomic equipment have a lower rate of injury, lower workers’ compensation costs, and may even have an increase in efficiency and productivity.[2] When asking your employer about accommodations, be sure to include the risks associated with a lack of proper equipment and the options available.

If you do happen to get an injury due to lack of proper accommodations, contact us here at the Nomberg Law Firm and we are happy to help discuss your rights under the Alabama Workers’ Compensation Act.

[1] https://www.osha.gov/laws-regs/oshact/section5-duties

[2] For more information on ergonomics, including a more detailed assessment, https://ergo-plus.com/workplace-ergonomics/

Learn what to do if your workers’ comp claim is denied due to an idiopathic injury or condition in Alabama

So, if you get hurt while working, you automatically get workers’ compensation benefits, right? Not necessarily. Your claim may be denied for many reasons, including that the injury or condition is considered “idiopathic.” 

The fundamental principle of workers’ compensation is that an occupational disease, injury, or illness must originate from employment activities to qualify for coverage. Consequently, courts have determined that injuries or ailments solely resulting from idiopathic reasons—those without a clear connection to work—are not eligible for benefits under the Alabama Workers’ Compensation Act.

If you’ve recently had your workers’ comp claim denied in Alabama on the grounds that your injury, illness, or disease is idiopathic, it’s crucial to understand your rights. This article will explore the nuances of idiopathic conditions within the context of Alabama workers’ compensation law and offer insight into navigating these complex claims.

What is an idiopathic injury?

Basically, an idiopathic condition or injury refers to a medical issue that is “peculiar to the individual” or whose cause is unknown or cannot be specifically identified. In the context of health and medicine, “idiopathic” means arising spontaneously or from an obscure or unknown cause. 

Essentially, if a condition or injury is labeled idiopathic, it means that despite medical investigation, no clear cause or origin related to the person’s work, lifestyle, or medical history can be determined.

In the workplace context, this distinction is important because if an injury is considered idiopathic, it likely won’t be covered under workers’ compensation since it cannot be directly linked to the job or work environment.

What is considered an idiopathic condition or injury?

Idiopathic conditions or injuries in the workplace are those that arise independently of work and are not caused by an employment-related activity or environment. 

Here are some examples:

• Pre-existing medical conditions. Conditions like heart attacks or strokes that occur at work but are primarily due to the individual’s pre-existing health issues rather than their work environment or activities.
• Spontaneous injuries. Injuries that occur without a clear work-related cause, such as a knee giving out while walking on a flat surface, when the injury is not the result of a slipping, tripping, or any other known environmental hazard.
• Seizures. Unless directly triggered by a work-related factor, seizures that occur at work are typically considered idiopathic, as they stem from the individual’s medical condition.
• Falls due to dizziness or vertigo. If a worker falls because of dizziness or a fainting spell that cannot be traced back to a work-related cause but instead arises from a personal medical issue, this would likely be considered idiopathic.

In workers’ compensation cases, if an injury is determined to be idiopathic, meaning it would have occurred regardless of the work setting, it may not qualify for compensation under work-related injury claims. However, the interpretation and acceptance of idiopathic claims can vary based on individual circumstances and legal considerations.

When might a fall be considered idiopathic at work?

Idiopathic falls refer to incidents where an individual collapses or falls down for no identifiable medical or environmental reason. The term “idiopathic” indicates that the cause of the fall is unknown or cannot be traced to a specific source. 

These falls occur without any external factors, such as tripping over an object, slipping on a wet surface, or experiencing a push or shove. In the workplace, this means the fall cannot be attributed directly to the work environment, activities, or conditions.

What can I do if my workers’ comp claim is denied because my injury is labeled idiopathic?

If your workers’ compensation claim is denied due to your injury being labeled idiopathic, you have the right to appeal. Below are several steps you can take to increase your chance of a successful appeal:

• Seek a second medical opinion. If the initial medical assessment does not link your injury to your workplace, consider obtaining a second opinion from another employer-approved health care provider. A different physician may be able to identify work-related factors that contributed to your injury.
• Gather additional evidence. Compile any additional evidence that could demonstrate a link between your work environment or duties and your injury. This might include witness statements, video surveillance, or documentation of similar incidents in the workplace.
• Review your medical records. Ensure that your medical records accurately reflect the circumstances of your injury and any symptoms you experienced at work. Discrepancies or omissions in your medical history could impact your claim.
• Document everything. Keep detailed records of all medical treatments, communications with your employer and the insurance company, and any other relevant information related to your injury and workers’ comp claim.
• Consult with an attorney. In cases of denied claims, especially those involving idiopathic injuries, it’s crucial to have an experienced workers’ compensation attorney assist you with the appeals process. A lawyer can review your case, connect you with the right medical experts, and represent you during negotiations and hearings.

Get help from an experienced Alabama work injury attorney

If you or a loved one is currently dealing with a denied workers’ comp claim because your injury or illness was labeled idiopathic by your employer or their insurer, please know that you may still have legal options.

The knowledgeable Birmingham workers’ compensation attorneys at Nomberg Law Firm are committed to supporting workers who find themselves in these challenging situations. With a deep understanding of Alabama’s workers’ compensation laws and a steadfast dedication to advocating for workers’ rights, our team is here to guide you through the appeals process, aiming to secure the benefits you rightfully deserve.

Contact Nomberg Law Firm today for a free consultation to learn how we can help you achieve a favorable outcome for your claim.

So its time to go to trial in your Alabama workers’ compensation case. What is that like?  In this video, Bernard discusses what trial is like for a work comp case.

Alabama is the only state where workers’ compensation cases are tried and ruled on by a trial judge.  Trials usually last less than one day, most only take a few hours. It really depends on how many issues are contested between the parties. The more issues the parties can agree upon the shorter the trial. For example, if the degree of disability is the only issue before the court, and everything else is stipulated to and put into evidence, then typically the trial will last just a couple of hours.  For more information on this subject, check out our blog: I HAVE A WORKERS’ COMPENSATION CASE AND WE HAVE TO GO TO TRIAL. WHAT IS THAT LIKE?

Also, see, SETTLE YOUR WORKERS’ COMPENSATION CLAIM OR GO TO TRIAL? where Bernard discusses settling a work comp claim or going to trial.

In this video, Bernard discusses mediating a workers’ compensation claim to settlement as well as taking the case to trial.  Advantages and disadvantages of both are discussed.

Check out Bernard’s article from NomBlog on this topic:  I HAVE A WORKERS’ COMPENSATION CASE AND WE HAVE TO GO TO TRIAL. WHAT IS THAT LIKE?

Also, see, SETTLE YOUR WORKERS’ COMPENSATION CLAIM OR GO TO TRIAL? where Bernard discusses settling a work comp claim or going to trial.

“Should I take a lump sum settlement or go to trial in my workers’ compensation case?” This is a question we face many times with our clients as their respective cases get closer to trial.  While every case is different, there are some general ideas that all injured workers should take into consideration: settlements are a common route for workers’ compensation claims.  If you were injured on the job in Alabama, settling your claim may be the best option if you don’t want to deal with a lengthy claim process or if you are no longer expected to recover from your injuries. However, it is not the best option for everyone, and making a knowledgeable and informed decision is important to receiving the compensation you deserve.

 

In this video, Bernard discusses what you are to do after you are hurt in an on the job accident in Alabama. Providing notice of the accident is the first thing to do. Then, request medical treatment.

We have discussed these situations in NomBlog: If I get hurt on the job and I need medical care, what are my options? and How do I file a claim for workers’ compensation benefits in Alabama?

Important take aways from these articles: The most important thing is that once a person is injured on the job, that they give notice to someone in management with their employer so that they may begin the process which would give them a much better chance of having their medical care paid for through workers’ compensation.

If you have been involved in an on the job accident, you need to notify your employer as soon as possible after the accident occurs and request to see the workers’ compensation doctor. If you have a serious injury or your claim is denied, immediately contact an attorney to discuss your rights. If your claim is denied or if medical benefits are not approved, an attorney can assist you in filing your claim in court to pursue those benefits.