Workers’ Compensation

Birmingham Workers’ Compensation Lawyers

Accidents and injuries often happen at the workplace. If you are suffering from a work-related injury, you are entitled to compensation from your employer for lost wages, medical bills, and permanent disability. The workers’ compensation system applies if you are injured on the job, even if you are unable to work or perform your prior duties.

Our attorneys at Burge & Burge can help you determine the nature and severity of your injury, as well as how it interferes with your work. We then take that information to determine your eligibility for benefits. Sometimes these factors are disputed. Your employer may not agree with the degree to which your injury interferes with your work, or even the extent of the injury, which can result in your benefits being denied.

Whether you are temporarily or permanently disabled, our workers’ compensation lawyers at Burge & Burge will work hard to help you secure the benefits you need. We have successfully represented workers suffering from injuries sustained in work-related accidents, whether at a construction site or in an industrial setting. Examples of some job injuries include:

Carpal tunnel syndrome
Repetitive stress injuries
Industrial accidents
Back injuries
Neck injuries
Car accidents
Construction accidents

If you have suffered a work injury or an accident at work and want to seek compensation for your lost wages or you need representation because you have been denied compensation benefits,
contact us to schedule a FREE initial consultation to discuss your case. Our workers compensation attorneys are located in Birmingham, Alabama, and represent clients in Jasper, Homewood, Hoover, Greystone, and many other locations statewide.

Our law firm, located in Birmingham, Alabama, provides FELA and personal injury legal services throughout the Southeastern U.S., including the cities of Birmingham, Montgomery, Tuscaloosa, Huntsville, Dothan, Gadsden, Mobile, Anniston and Decatur. We bring FELA claims in many states, including Alabama, Georgia, Tennessee, South Carolina, North Carolina, Kentucky, Ohio and Florida.

Birmingham Lawyers for Workers’ Compensation Impairment

Protecting Your Right to Benefits

One of the most confusing aspects of workers’ compensation is understanding the impairment ratings. It is critical that your attorney be knowledgeable regarding the impairment guidelines when talking with your doctor about your impairment rating because that is what determines the type of benefits you are entitled to.

The attorneys at Burge & Burge, PC, can review your workers’ compensation claim and ensure that you receive the benefits you deserve. If you have been given a disability rating that does not provide the level of benefits you need, we will work to prove the extent of your injuries. For a free consultation with an Alabama permanent impairment attorney, please call 205-251-9000 or contact us online.

How Injuries Determine Your Level of Benefits

An impairment rating is given by the American Medical Association. It describes the level of physical impairment, but does not address the ability of the worker to perform his or her job.

Disability ratings are based on the worker’s vocational disability, or the ability to perform his or her old job or another job. Sometimes it is necessary for your attorney to employ a vocational expert to testify as to what jobs you can no longer perform due to your injury.

A worker may receive a rating of temporary total disability if he or she is injured and unable to return to work for a period of time. Temporary total disability benefits are based on 66 2/3 percent of the worker’s average weekly wage (AWW). Benefits are subject to maximum and minimum limitations for the period during which the employee is unable to return to work.

A temporary partial disability rating is given when an employee is able to return to work but is unable to perform a job which earns the same salary. The employee will receive 66 2/3 percent of the difference between his or her AWW at the time of injury and his or her AWW or earning capacity since the injury occurred.

Permanent partial disability is the rating workers receive when certain parts of the body are injured. Injuries are classified as scheduled or unscheduled, depending on which parts of the body are affected. Our experienced lawyers can explain the difference and tell you if you injury is scheduled or unscheduled.

Permanent total disability is granted for workers unable to perform their old jobs or unable to get other reasonably gainful employment. Employees may receive two-thirds of their AWW for the duration of the permanent total disability. This can last for the lifetime of the employee.

Please call our Birmingham office at 205-251-9000 to schedule an appointment. Your consultation is free.

Railroad Accidents

Railroad Accidents

When anything comes into contact with a moving train, the results are nearly always tragic. According to the Bureau of Transportation Statistics, there are more than 14,000 train accidents in the United States each year. As many as 1,000 people are killed in train-related accidents, and thousands more are injured annually in this country.

If you have been injured in a railroad accident or a loved one killed, the experienced and knowledgeable Alabama railroad accident attorneys at Burge & Burge, PC will fight for your rights and just compensation.

Major Causes of Railroad Accidents

One of the most heartbreaking things about railroad accidents is that most of them are preventable. When these tragedies occur, property damage is a given, but there is also often serious injury and death. The Federal Railroad Administration (FRA) keeps track of railroad accidents in the United States, and they tell us that the most common causes of railroad accidents are:

Human Error – According to the FRA, human error is the most common cause of railroad This can include such things as excessive speed, improper braking, ignoring orders, and falling asleep on the job.
Track Defects – Track defects are another common cause of train crashes. These include worn and misaligned tracks, broken switches, and breaks in bolt holes.
Miscellaneous Causes – Miscellaneous causes might include severe weather conditions or improperly loaded freight cars.
Faulty Equipment – Mechanical failure, such as a failed switch or faulty brakes are also causes of train crashes.
Signal Errors – When a train crossing signal is missing or malfunctions, devastating railroad accidents involving vehicles and pedestrians result.
Train-Vehicle Collisions – Unfortunately, even when a signal works on a roadway, there are drivers that choose to ignore the warning, causing train-vehicle collisions.

Train Derailment Accidents

Train derailments are the most common type of railroad accidents. These happen when the train “jumps” the tracks, and the results can be catastrophic. A derailed train can be caused by human error (excessive speed), a track defect, a collision, or some combination of these factors.

Railroad Accidents Involving Motor Vehicles

After train derailments, one of the most common types of train accidents involves trains hitting motor vehicles or trucks at railroad crossings. Statistics show that a railroad crossing accident happens every 90 minutes in the United States. If your car stalls on a set of railroad tracks, it would be a mistake to believe that a train will be able to stop. A 150-car train traveling at 50 miles per hour could take up to one mile to stop. Whether the crossing was malfunctioning, there was a breakdown, or the vehicle driver attempted to beat the train, the results of these train accidents can be tragic.

Employees Injured in Railroad Accidents

If you were a railroad employee injured in a train accident, your rights are protected under the Federal Employer’s Liability Act (FELA). This legislation provides the only remedy for railroad employees and their families to collect damages due to an injury or death of a railway employee. Unfortunately, FELA benefits are not easy to obtain, and often require the assistance of a skilled attorney. If this is your situation, please contact our experienced Alabama FELA accident and injury claims lawyer for assistance.

Railroad Accident Injuries and Damages

If you have been injured in a railroad accident, you have the right to sue for such things as past and future medical expenses, loss of wages, and even punitive damages. If a loved one has suffered wrongful death from a railway accident, their survivors are entitled to just compensation as well.

Who is Responsible for a Railroad Accident?

Depending on the nature of your railroad accident, one or more parties could be held responsible for your injuries and damages. A majority of these train accidents are caused by unsafe conditions or failure of the railroad company to exercise the proper care in operations. Some examples are:

Failure to follow safety and inspection procedures
Defectively designed rail systems or equipment
Failure to keep warning devices maintained
Approaching trains with obstructed views
Using untrained or unqualified equipment operators
Transporting hazardous materials that aren’t adequately secured

While the railroad company is an obvious choice for negligence, they may not be the only party at fault in your accident. Other parties might include equipment manufacturers, train traffic controllers, mechanics, track owners, and other contractors or shipping clients. We will thoroughly investigate your case and uncover every piece of evidence necessary to identify the negligent parties and pursue the maximum compensation you deserve for your injuries.

Major Recent U.S. Railroad Accidents

March 7, 2017: Four people were killed in Biloxi, MS when a CSX freight train hit a charter bus that was stuck on the tracks at a grade crossing.
April 3, 2016: Two people were killed and 31 injured when an Amtrak train collided with a backhoe on the tracks in Chester, PA, causing a train derailment.
May 13, 2015: Six people were injured in East Point, GA when a CSX freight train collided with a bus that was blocked in by traffic at a railroad crossing.

What to Do if You’ve Been Involved in a Railroad Accident

If you’ve been involved in a train accident, seek immediate medical attention. Even if you just feel shaken up after the incident, these are traumatic events that can leave victims feeling disoriented. Many times, the aches and pains from such a collision will emerge days later. It’s important for your case that you document these medical visits and your resulting injuries.

All railroad accidents are reported to government authorities and thoroughly investigated. Participate in any investigation, but avoid signing releases or making agreements without first consulting with an attorney that has extensive experience with railroad accident cases.

Get Help From an Experienced Railroad Accident Attorney

Train crash cases are often complicated matters that involve substantial property damage, serious injury, and even death. The railroad companies are not on your side, despite their statements to the contrary. These companies will attempt to minimize their liability and any payments to you for medical care and lost wages.

A skilled and experienced Alabama railroad accident attorney will thoroughly investigate your case and fight to protect your rights. We understand the struggles experienced by victims of train accidents and will work hard to get you just compensation for your injuries. Contact the knowledgeable and aggressive railroad accident attorneys at Burge & Burge at 205-251-9000 or 800-633-3733 to schedule a free consultation.

Burge & Burge, PC, 2001 Park Pl., Suite 1350, Birmingham, AL 35203
Toll Free: 800-633-3733 | Phone: 205-251-9000 | Fax: 205-323-0512

Burge & Burge, PC, is located in Birmingham, Alabama, and serves clients from cities such as Montgomery, Mobile, Huntsville, Decatur, Tuscaloosa, Dothan, Gadsden and Anniston, as well as the counties of Jefferson, Montgomery, Madison, Shelby, Baldwin, Walker, Mobile, Tuscaloosa, St. Clair, Talladega, Etowah, Calhoun, Winston, Houston, Greene, Blount, Cullman, Morgan and Limestone, AL.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No promises are made that services performed are greater than that of other lawyers.

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