Tom McCutcheon – Attorney at Law
I have handled on the job injury cases for over 25 years. I enjoy this aspect of the law and have always represented injured workers. The experience of handling case after case and seeing the various tricks and traps that defense lawyers play has been wonderfully educational and at this point, entertaining.
I occasionally speak with lawyers who do not have very much experience in handling workers compensation, who think that they have a great case when they don’t. A large part of being good at workers compensation is knowledge of the law so that you can advise your client of the best possible result depending on their particular circumstances. There are positives and negatives to the law of workers compensation. In a lot ways it could be called the employers’ protection act.
Given all of the power of a circuit court judge in Alabama which includes the power to affirm or award an unlimited amount of money or override a jury recommendation of life and sentence someone to death, (and that is pretty powerful) no judge in Alabama can award an injured worker a lump sum of money after a workers’ compensation trial. What you need to know is that various injuries such as fingers, hands, feet, arms and legs are paid on a schedule of weeks. A thumb is worth 62 weeks. The only variation in the value of a thumb from one worker to another is the amount of money that they make. Even then, there is a minimum amount and there is a maximum amount. The judge can only determine the amount of the loss by percentage of the thumb. If the thumb still partially works, the judge will award a percentage of loss and that will be the percentage of 62 weeks that the employer pays.
In back, neck, shoulder and hip cases, the law allows 300 weeks unless someone is totally disabled and in that instance of total disability the employer would pay by the week for the entire lifetime of the injured worker. Employers are always able to hire vocational experts who claim that the injured worker is only partially disabled and not totally disabled. Sometimes they come up with pretty ridiculous vocations such as “garment inspector”. There may have been garment inspectors when we had a sewing industry but we don’t anymore. In these cases where the employee contends total disability and the employer contends less than total disability (partial disability) the judge is required the make a ruling as to whether or not the employee is totally disabled. This ruling will be stated as a percentage anywhere from 0 to 100%. 1-99% pays 300 weeks and the employer is only required to pay $220.00 a week for partial disability and they will pay that percentage for 300 weeks or 5 ½ years. If the judge finds the employee to be totally disabled, the employer then pays 2/3 of the employee’s wages (subject to the cap) for life. Here is where it is not fair. Let’s say the judge gets it wrong and the employee really is unable to work. Too bad for the employee, his case is over. On the other hand if the judge finds the employee 100% disabled, the employer gets to go back to court with evidence that the employee can work or could work or is working whenever they would like. Not fair. Nonetheless, it is something that has to be considered when you and your lawyer evaluate your case for settlement or trial.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
