![]() ![]() Suppose, for example, a package arrives at the FedEx distribution center in Birmingham, Alabama, for ultimate delivery to a business address in Georgia. Taking the first question, the nature of FedEx’s business is shipping and delivery, including interstate shipments. Was the claimant an employee rather than an independent contractor?.Did the injury arise out of and in the course of employment?.Does state workers’ compensation law apply?.The wide variety of job functions and contractual arrangements for Alabama workers can lead to disputes such as: The Division opened an inspection on March 5, 2013.Who is entitled to workers’ comp benefits in Alabama? The accident was reported to the Division in Compliance with T8 CCR 342(a). The accident was reported to the Division by Employee #1 at approximately 1:45 p.m. Employee #1 was last trained on pedestrian safety on September 14, 2012. The coworker was last certified on a forklift on September 30, 2010. The coworker stated that he had been operating a forklift for approximately 15 years. The forklift had a working audible travel alarm and a working strobe light. When representatives of Crown Lift Trucks inspected the forklift, they found no mechanical problems with it. The video does not show the forklift loading the FedEx truck or the forklift operations before the contact occurs between the forklift and Employee #1. Employee #1 was standing at the end of the cardboard pallets with his back to the forklift and its operation when the backing forklift struck him. He was looking at the pallets and the building when he was struck. He went to the end of the pallets and was going to count the number of pallets of cardboard. ![]() Employee #1 walked to the end of a row pallets containing recycled cardboard located next to a block wall on the receiving ramp. Video of the incident shows that the coworker walked out the roll-up door onto the receiving dock a few seconds after the forklift drove out. Paramedics from the La Mesa fire department transported Employee #1 to Sharp Memorial Hospital, where he was treated and hospitalized for more than 24 hours. Employee #1 sustained fractures and trauma to the left ankle and foot. The coworker ran over Employee #1's right foot. After backing up for about five seconds, the coworker turned around and saw that Employee #1 was right there. The coworker then looked forward, put the forklift in reverse, and lowered the forks to just above the ground as he continued to back up. The coworker looked back and saw Employee #1 at the rollup door. Employee #1 loaded the final pallet on the truck. Employee #1 stood at the door and verified that the pallets went out. During the interview, the coworker stated to that, just before the incident, he had driven a Crown Model Number RC 55-35-30 standup forklift, with Serial Number 1A353301, out the receiving door with a pallet of TV's and loaded them onto a Federal Express (FedEx) truck for shipment. Employee #1 and the coworker related the details of the incident in an interview with an inspector. At the time of the incident, a coworker was working as a trained and authorized forklift operator. ![]() on February 14, 2013, Employee #1 was working for the Costco Wholesale Corporation at a warehouse in La Mesa, CA. ![]() OSHA Training Institute Education CentersĪccident Summary Nr: 201079233 - Report ID: 0950632 - Event Date: Inspection NrĪt approximately 1:00 p.m.Outreach Training Program (10- and 30-hour Cards). ![]()
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