In Appeals, Auto Wreck, Blog, Line and Scope, Medical Treatment, Workers’ Compensation

david p. nomberg birmingham alabama workmans comp attorney

by David P. Nomberg, Partner, The Nomberg Law Firm

What happens when one injury leads to another?  When an injury happens on the job, it is important for the injured worker to receive prompt medical treatment.  What happens when an employee is injured a second time while driving for medical treatment for the first injury as directed by the employer?

The issue before the Alabama Court of Civil was “whether the automobile accident in which the employee was injured arose out of the course of his employment, entitling him to workers’ compensation benefits under the Alabama Workers’ Compensation Act.”

This issue had never been decided by the Alabama appellate courts.  States have differed on whether or not a workers’ compensation claim could arise from driving to treatment for another claim.

auto accident

In Flexicrew Staffing, Inc. v. Champion, the Alabama Court of Civil Appeals sided with the majority of other jurisdictions and held that “obtaining medical treatment from a medical provider authorized by the employer is work-related.”  The Court held that injuries the worker sustained in the motor vehicle accident had occurred while he was traveling from the work site to the health care facility designated by his employer to obtain medical treatment for his work-related injury are compensable.  As a result, the employer was responsible for providing workers’ compensation benefits to the injured employee for injuries arising out of the second accident.

When you are directed by your employer to go to a medical treatment facility of their choosing, it is a work-related activity.  Thus, you are protected under the Workers’ Compensation Act.

If you have questions about whether your injuries should be covered by your employer’s workers’ compensation coverage, please contact the experienced workers’ compensation attorneys at the Nomberg Law Firm.  (205) 930-6900 or nomberglaw.com.

David P. Nomberg has practiced workers’ compensation law in Alabama for more than 13 years. David has earned an AV rating from Martindale-Hubbell’s peer-review rating.  He has been selected a Super Lawyer by Super Lawyers Magazine as well as a Top Rated Attorney by B-Metro and Birmingham Magazines. 

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