Chalk one up for the good guys in this case. It is sad when a company will deny worker comp benefits to an employee injured on the job.
Have you ever been injured on the job and did not tell your employer you were hurt? Have you ever been hurt on the job, receive medical attention on the job, but failed to actually notify your employer of your injury? That is exactly what happened in the case of Brewton Area Young Men’s Christian Association, Inc. v. Lanier.
The Employee was injured on the job in 2012. The employee was leaving work one day, got up from her chair, fell and hit her head. The employee was unconscious and woke up at the emergency room. The employee indicated she could not remember what happened. After x-rays it was determined that the employee had fractured her hip. The company indicated that the employee was not injured on the job and was not required to pay worker compensation benefits. Also, the company claimed that they did not receive actual notice of the claim.
A bench trial was held and two doctors testified and claimed that the injury was work related when the employee fail. The employee had steel rods put in her hip and one had to be replaced. The Employee testified when she went back to work the company added additional duties that she could not perform. The employee decided to retire. The company denied to pay worker compensation benefits.
The court determined the employee was injured on the job and found the employee to be permanently totally disabled.
On appeal, the company argued that it never received actual notice of a Worker’s Compensation claim. The appellate court indicated that the company did not have to receive actual notice of an injury. The fact that an ambulance was called to the place of employment was notice. Secondly, the company had presented the claim to its’ insurance carrier for an investigation of the accident.
If you are injured on the job, contact Ingram Law LLC at (205) 656-0044. There is never an attorney fee and we only get paid if you receive compensation.