Tag Archive for: injury

Employment Claim

Can An Employer Fire You for Filing a Complaint?

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There’s a lot of incorrect information floating around the topic of at-will employment. There’s a common belief that at-will employment means that employees can be fired for anything at any time—which often makes employees with legitimate complaints stay quiet for fear of retaliation. As an Alabama employee, it’s important to know your rights and how to protect them.

If you think you’ve been targeted by your employer after making a formal complaint, you may have a legal case against them. Call McPhillips Shinbaum at 334-262-1911 to set up your free case evaluation now.

Employee Rights and Protections in Alabama

Employees in Alabama are protected by a number of state and federal laws. Legislators recognize that employees are often at a disadvantage in the workplace. Employers know that employees rely on their income and that threatening their income can force them to fall in line. Employees need legal protections since expecting employers to do the right thing is simply not a viable option.

While it’s true that Alabama is an at-will employment state, there are many legal protections that forbid employers from taking action against employees for specific reasons. For example, Title VII protects discrimination against employees based on national origin, sex, color, religion, and race. 

Title VII also forbids employers from retaliating against employees who file complaints or cooperate with investigations. Additionally, employees over the age of 40 are protected from age-based discrimination. Other relevant pieces of legislation include the Americans With Disabilities Act, the Fair Labor Standards Act, and the Occupational Safety and Health Act.

Alabama has several state-specific laws protecting employees. The whistleblower protection statute protects employees from being fired when they refuse to obey an illegal order. Additionally, there’s a public policy exception to the state’s at-will employment law. This means that employees cannot be terminated if it would be against an established state public policy.

How Employers May Retaliate

There are numerous ways employers may retaliate when an employee files a complaint. Obviously, termination is a common outcome. Employers may explain away your termination with flimsy complaints about your performance or claim that they are simply downsizing. They may also demote you, which often comes with a significant reduction in pay and a major hit to your reputation at work. 

Employers may reduce an employee’s hours or pay; similarly, they may swap your hours to less favorable hours. For example, an employee who has long worked 9:00 A.M. to 5:00 P.M. may suddenly find themselves scheduled for overnight shifts. Other forms of retaliation include negative work evaluations and attempts to create an uncomfortable or hostile work environment.

Proving Retaliation

To take action against an employer that is retaliating against you, you must be able to prove that their actions were retaliation. Consider these steps:

  • Document everything: The more evidence you have to back up your claims, the harder it will be for your employer to claim that they were simply taking action against your poor work. From the moment you file your complaint, write down every interaction you have that indicates you may be a victim of retaliation. Additionally, whenever you communicate with your employer and they appear to be going against the policy, ask them to provide their instructions in writing. Verbal conversations are far harder to prove.
  • Know your company’s policies: Know your company’s policies to the letter. This allows you to document when your superiors are going against company policy or ordering you to do so.
  • Recognize your allies: If there are coworkers or others at your work who have seen your employer take action against you, know who you can rely on. Your attorney may be able to talk to them and use their testimony as evidence in your case.
  • Talk to an employment attorney: An employment attorney can help you hold your employer accountable and fight for fair treatment.

Start Your Case Now with McPhillips Shinbaum

The sooner you begin working with the team at McPhillips Shinbaum, the sooner we can fight for justice in your employment case. Call our team at 334-262-1911 or send us a message online to set up a consultation now.

Personal Injury

The Importance of Keeping Accurate Records in a Personal Injury Case

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Behind every successful personal injury claim, there’s a massive pile of documentation. Insurance companies are sneaky, and they will not pay for an injury unless they are forced into a corner. In-depth record keeping can strengthen your injury claim in a variety of ways, and working with an experienced personal injury attorney can help you know exactly which types of records to maintain.

The team at McPhillips Shinbaum is here to help you fight for justice after a personal injury. Find out how we can help you by calling us at 334-262-1911.

How Your Records Support Your Personal Injury Claim

Accurate records are the foundation of any personal injury claim. Without them, a claim is flimsy, impossible to prove, and unlikely to be successful. To start, clear records help establish liability. Once you can prove who is liable for an injury, you put pressure on the insurance company to account for their client’s negligence.

Records can also prove causation. It’s important not just to prove your injuries, but to show what caused them. Crash scene documentation and medical records create a strong link between an accident and your subsequent injuries.

Thorough records go a long way in quantifying your economic and non-economic damages. Without proof of what you’ve lost, the insurance company will always take the most optimistic outlook they can. They’ll assume your injuries are minor or nonexistent and that you did not miss any time at work. When you can prove your losses, they can’t hold onto those lies any longer.

All in all, your records can put your attorney in the best place possible to begin preparing for negotiations or getting ready for court.

Documenting the Incident

Documenting the incident is a vital part of your records. Without proper documentation of the accident or incident that led to your injuries, your claim is on shaky ground. Photographs and video footage are excellent for proving what happened and how things went wrong. You can also support your photographic evidence with eyewitness statements, your own written statements, and physical evidence. 

Physical evidence may include broken or damaged items, clothing items, and debris. If your injury was caused by a car accident, don’t forget to get a copy of the police report for your records. If you had a slip and fall incident, get an injury report from the place you fell.

Medical Records

Remember, proving the extent of your injuries is crucial if you want to get fair and full compensation. Your initial medical assessment shows how quickly you sought treatment after your injury and what the doctor’s initial thoughts were. This type of documentation gives you a starting point for your recovery.

Other important medical documentation may show the treatments you’ve received, how much progress you have made over time, which diagnostic tests you’ve undergone, and any mental health treatment you’ve needed as a result of your injuries. As you start receiving bills, don’t forget to keep them as well. Medical expenses are often the biggest component of a personal injury claim.

Financial Records

Your medical bills are just part of the financial records you should keep after a personal injury. If you have to pay any copays, pay for parking, or otherwise spend your own money on your medical care, keep receipts. When you receive bills, make copies and save them for your claim.

Your income is likely to take a hit as you recover from your injury, so take some time to document the time you spend away from work. You may want to get written reports from supervisors if you are forced to go home early or if you take unpaid time off of work after running out of sick pay. If you must pay out-of-pocket to keep your insurance active in the interim, document that as well.

If you suffered any property damage during the accident, get repair and replacement estimates for each item damaged. This could be a sizable part of your claim.

Choose McPhillips Shinbaum for Your Personal Injury Claim—Contact Us Today

The sooner you reach out to McPhillips Shinbaum after an injury, the more quickly we can begin building your claim and advocating for you. Set up a time to talk now by calling us at 334-262-1911 or contacting us online.

Medical Claim

What Does Maximum Medical Improvement Mean in a Car Crash Claim?

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The process of recovering from a car crash can be long and tiring. Your days can become a blur of follow-up appointments, treatments, prescription medications, and insurance claims. You’ll learn a lot of new and unfamiliar terms during this time, including “maximum medical improvement.” Maximum medical improvement, or MMI, can play a crucial role in your personal injury claim and your compensation.

Explore the concept of MMI and find out how it may influence your claim. When you’re ready to start your personal injury claim, call McPhillips Shinbaum at 334-262-1911.

Is MMI the Same as Making a Full Recovery?

If this is your first serious injury, the term MMI may seem unnecessarily wordy—can’t you just say that someone has made a full recovery? However, MMI is not necessarily the same as a full recovery. Maximum medical improvement is a medical and legal term that is used to specify a very specific point in a patient’s treatment where they have recovered as much as they are ever going to. Yes, in some cases, this means making a full recovery. But in others, a complete recovery may be impossible or incredibly unlikely. In these situations, MMI is some point short of a full recovery.

If your doctor says that you have reached MMI, it means that you have plateaued in your recovery. You may still have some pain or symptoms, and even physical limitations, but you may have those for the rest of your life. While you may make some minor improvements in the future, they are negligible when compared to the rest of your recovery and their impact on your health.

 How is MMI Determined?

MMI is primarily a medical term, so the determination is made by the physicians treating you throughout your recovery. There are numerous factors they use to determine when a victim has reached maximum medical improvement.

One important part of figuring out MMI is a thorough medical evaluation. This involves looking over where your injuries started, what treatments you have tried, how those treatments have impacted you, and what remaining symptoms and limitations you may have. The doctor will also use a range of diagnostic tests to see how much progress you have made, any complications you’ve suffered, and any remaining issues.

It’s also likely you’ll undergo a functional assessment to determine whether or not you have reached MMI. The doctor may look at how you engage in daily tasks, complete your work, care for your children, and fulfill other obligations. This is less about determining if you’ve reached MMI and more about figuring out if you have any lingering limitations, as well as determining any accommodations you may need in the future.

Previous cases similar to yours can be important in your personal injury claim. Doctors may look at the healing timeline of patients with similar injuries, their progress after certain types of treatments, and when they reached MMI.

How MMI Can Affect Your Compensation

Maximum medical improvement plays a massive role in the compensation you receive as a victim. First, reaching MMI is crucial for determining your actual damages. Once you’ve reached MMI, you have a much better understanding of how much money your medical care costs. You’ll also better know what type of care you may need in the future, especially if you have significant limitations that will leave you requiring assistance.

Once you’ve recovered as much as you ever will, you will know if you are able to continue working or what accommodations you will need. This makes it easier for your attorney to calculate lost earnings and lost future income.

Finally, MMI is a key part of your non-economic damages. These include pain and suffering, emotional distress and trauma, and loss of quality of life. You can’t really know the long-term impact of your injuries until you know what the rest of your life will be like.

Start Your Personal Injury Claim with the Team at McPhillips Shinbaum

Our team is ready and waiting to talk to you about your accident, injuries, and next steps. Let’s set up a time to talk about your legal options—just reach out online or call us at 334-262-1911.

Dog Bite Injury

Dog Bite Dangers: What to Do If Your Child is Attacked by a Dog

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A dog bite can be one of the most traumatizing experiences a child ever goes through. If you talk to most adults who are terrified of dogs, you’ll find that for most of them, a dog bite early in life is the root of their fear. Not only could your child be left with emotional trauma, they may also struggle with physical injuries and disfigurement. That’s why it’s crucial to hold the negligent party accountable for their actions.

If your little one has been bitten by a dog, don’t wait a moment later to get the legal advice you deserve. Call McPhillips Shinbaum at 334-262-1911 to set up a consultation now.

Immediate Steps to Take After a Dog Bite

When a dog bite occurs, your immediate priority is to protect your child. We recommend:

  • Separating the dog and child immediately. Even if the dog bite appeared to be an isolated one-off incident, you never know when a dog who has acted aggressively will lash out again. Remove your child from the dog’s presence immediately, and if the attack is ongoing, put as much distance between the dog and you as possible.
  • Checking for severe injuries. Look for anything that could be fatal or leave your child with permanent injuries. That is your priority as you move on to treating the wounds.
  • Controlling the bleeding and treating the wound. It’s crucial to stop the bleeding as soon as possible. Use a clean cloth to apply pressure and staunch the flow of blood. Depending on where the bite is, you may also want to elevate it. Clean the wound and cover it—from there, it’s up to medical professionals.
  • Identifying the dog and owner. Take a mental photograph of the dog in question. Try to remember its size, perhaps by comparing it to an object near it like a fire hydrant or bicycle. Remember its general pattern and coloring, and if you know dogs, get an idea of the breed. Ideally, you’ll get the owner’s name and contact information. You may also find it helpful to photograph the dog and owner in case they attempt to flee.

Medical Care and Documentation

Dog bites can be incredibly dangerous, especially to young children with still-developing immune systems. You must go to the emergency room or an urgent care center to seek further treatment. 

While your child is receiving treatment, take advantage of the downtime to document the incident. Write down everything you remember about the bite, the dog, and its owner. Take photos of the wound before and after treatment—these photos could be important in your eventual personal injury claim. Follow the doctor’s instructions to the letter. Left untreated or poorly treated, a dog bite can lead to a severe infection.

The Legal Aspects of a Dog Bite in Alabama

Dog bites are fairly legally complex in Alabama. Alabama does have a “one bite” law, although this is often misunderstood. The dog doesn’t get one free bite before the owner is liable for damages. Even if they did not know the dog was dangerous, they can still be forced to pay actual economic damages to the victim.

However, if the owner had reason to know the dog was aggressive, they could be forced to pay additional damages. There are many ways to prove that a dog is aggressive and that the owner knew it. Perhaps the dog has bitten someone in the past, and your attorney can prove it by pulling animal control records. Maybe the dog requires sedation medication every time they go to the vet because they are considered a danger otherwise. Perhaps the dog was adopted and was listed on the shelter’s website as aggressive or unpredictable.

This is a nuanced area of law, and what you can recover depends largely on the strength of your claim and your attorney’s experience. That’s why it’s important to work with an experienced dog bite attorney.

Start Your Dog Bite Claim with McPhillips Shinbaum

We know that a dog bite can be devastating for you and your child. We’re determined to hold the negligent owner responsible—don’t take this on alone. Set up a consultation with our team now by calling us at 334-262-1911 or contacting us online.