• 21
  • July
    2011

No one ever expects to get injured at work, especially as the result of a natural disaster. This, however, is exactly what happened to employees of an Alabama restaurant.

Last April, when an EF-4 tornado hit the Tuscaloosa Steak-Out, three employees took cover in a meat cooler and burrowed out under the rubble after the storm passed. The workers emerged with bruises, lacerations and other injuries. All three required medical attention; two went to the hospital, one with a serious head injury.

To cover their medical expenses the employees filed workers' compensation claims. Unfortunately, even though their injuries occurred while they were at work, their workers' compensation claims were denied. They were told that the claims were rejected because their injuries did not arise from their employment, but rather were caused by an "Act of God"

Without health insurance, the employees were forced to rely on donations to help cover their medical expenses.

What Does Workers' Compensation Cover?

Most employees know of workers' comp, but are not well versed in how it works and what it covers. Every state has its own workers' compensation regulations. In Alabama, businesses with five or more employees are required to have coverage, and certain larger employers may self-insure. Generally injured workers receive about two-thirds of their income during the time they are recovering from injury.

Alabama law is somewhat unclear when addressing compensation entitlements in a natural disaster like a tornado, and Alabama courts have not specifically addressed the issue. It is possible that employees may be covered if their job puts them at increased risk of harm during a natural disaster, or if an employer refused to let them leave.

It is unfortunate that those injured in a natural disaster at work face a second challenge filing for workers' compensation.

Source: Who is covered? Determining which tornado injuries are covered by workers' comp comes down to a 'risk test'