Ala. Code § 25-5-11(a) permits an employee to proceed against his employer for compensation benefits and, at the same time, to proceed against any other party who may also be liable for the employee’s injuries. Section 25-5-11(a) states in part: “If the injured employee recovers damages against the other party, the amount of the damages…
Alabama’s retaliatory discharge statute, Ala. Code § 25-5-11.1 provides a protection for employees such that they may not be terminated in retaliation for their pursuit of workers’ compensation benefits. For a number of years, the elements of a wrongful termination or retaliatory discharge claim required the injured employee to prove (1) an employment relationship, (2)…
The Act provides that a worker who is permanently and totally disabled as a result of a job-related injury (the legal conclusions of the trial court in workers’ compensation cases are reviewed de novo on appeal), is entitled to receive 66 ⅔ percent of her average weekly wage for the remainder of her life. According…
Ala. Code § 25-5-68(a) provides that “the maximum compensation payable for permanent partial disability shall be no more than the lesser of $220.00 per week or 100 percent of the average weekly wage.” The “220 cap” on permanent partial disability benefits became effective January 9, 1985. 1985 was the year the late Ronald W. Reagan…
Conclusion German Prime Minister Otto von Bismarck is credited with saying that “People who enjoy eating sausage and obey the law should not watch either being made.” Sometimes the compromise inherent in politics can produce less than perfect results. The same is true in the area of workers’ compensation law. Often when advocates for workers…
David Letterman is famous, among other things, for his Top 10 Lists. In these lists, Letterman counts backward from 10 to one, listing humorous observations on a variety of topics relevant to pop culture. Every lawyer who practices in the area of workers’ compensation law in Alabama could make a similar top 10 list regarding…
Ala. Code § 25-5-57(a)(3) sets forth a rather bizarre list of 34 body parts or combinations of body parts with a corresponding number of weeks a worker may be compensated if he is unfortunate enough to be injured while at work. Of course, compensation is never a dollar-for-dollar replacement of what the worker has lost….