Sunday, July 10, 2016

Worker who was injured when a metal walkway came off its tracks recently reached a settlement with the city of Athens, Alabama

Injured worker, city of Athens settle suit




A city worker who was injured in his back and knees when a metal walkway came off its tracks recently reached a settlement with the city of Athens, records show.

According to Limestone County Circuit Court records, James McWilliams signed a settlement agreement and petition on June 7. The document was filed June 10 in Circuit Court. A judge accepted the agreement June 20.

Williams was working for Athens Utilities on Feb. 20, 2015, when the walkway came off causing him to fall through the floor and injure himself. He underwent surgery on both knees followed by physical therapy and returned to work Oct. 26 at the same or higher pay.

The amount of wages and the value of fringe benefits to which McWilliams was entitled to is or may be disputed questions, the settlement stated. However, both parties agreed on the amount of his average weekly pay per week. The city paid for his medical treatment and related expenses. It paid temporary total disability benefits for three weeks and four days in the amount of $3,126.

Both parties agreed McWilliams incurred a 2 percent permanent partial disability to his body for which he is entitled to receive compensation from the city at the rate of $15.63 a week for 296 weeks, or a total of $3,953. However, they agreed to a settlement of all issues for a lump-sum payment of $5,203, with McWilliams retaining his right to re-petition the court in case of lost employment as provided under the “return to work” clause of Alabama Code 25-5-57 (a) (3).

McWilliams will be entitled to no further compensation, benefits, damages or payment from the city for the injury except future medical/surgical expenses as provided by the stature in effect at the time of his injury.