Do I Need a Lawyer for a Workers’ Compensation Claim in Alabama?

In Alabama, workers can report their injuries to their employers. The employer will then file a claim for workers’ compensation benefits on their behalf. Workers should receive benefits after suffering a work-related injury. However, employers and their insurers sometimes delay or deny benefits claims. Although you should familiarize yourself with your rights under Alabama workers’ compensation law, an attorney can help your claim proceed more smoothly and pursue the full benefits you deserve. You should retain an experienced law firm with a proven track record of success in workers’ compensation cases.

How Common Are Workplace Accidents?

According to the U.S. Bureau of Labor Statistics, the U.S. had 2.6 million reported workplace injury cases in one recent year. The rate of injury cases equaled 2.3 cases per 100 full-time workers. Over a million cases of work-related non-fatal injuries and illnesses caused a private industry worker to miss at least one day of work. In Alabama, there were about 32,600 recorded cases of non-fatal work injuries and illnesses that year.

What Compensation Can I Receive Through a Workers’ Compensation Claim in Alabama?

The Alabama workers’ compensation system provides injured workers with various financial benefits, such as:

• Medical expenses – Workers’ comp covers payment for all reasonably necessary treatment of a work injury. That treatment may include medical care, surgeries, chiropractic treatment, prescription medication, physical therapy, and purchases of medical supplies, mobility equipment, or prostheses.
• Disability benefits – Weekly compensation benefits cover two-thirds of the worker’s average weekly earnings while they recover. This amount is subject to a cap equal to the state average weekly wage. Workers can receive unlimited weeks of total disability benefits. The workers’ compensation system has a 300-week cap on partial disability benefits.
• Death benefits – Death benefits equal half of the deceased worker’s average weekly wage if they have one surviving dependent or two-thirds of the average for two or more surviving dependents. If a worker has no surviving dependents, the employer will make a one-time $7,500 payment to the deceased worker’s estate. Death benefits also include reimbursement of up to $6,500 for funeral and burial expenses.

What If I Was Partly Responsible for the Accident?

Because Alabama workers’ compensation operates as a no-fault system, you can still file a claim for benefits if your carelessness contributed to the workplace accident. However, an employee’s fault for a workplace accident and their injuries may make them ineligible for workers’ compensation benefits in limited circumstances, such as:

• The accident occurred due to the employee’s willful misconduct.
• The employee injured themselves due to their alcohol or drug intoxication.
• The employee failed or willfully refused to use the safety equipment provided by the employer.
• The employee intentionally ignored the employer’s reasonable rules and regulations.

Do I Have to Report My Injury to My Employer?

Alabama workers’ compensation law requires an injured employee or their representative to give written notice of the worker’s injury within five days of a work accident. However, they have up to 90 days to report their injuries to their employer if their injury prevents them from notifying sooner.

In some cases, an employer witnessing the accident can qualify as notice. But to ensure your right to benefits is protected, it’s best to provide written notice informing your employer of your injuries as soon as possible.

How Long Do I Have to File a Workers’ Compensation Claim in Alabama?

The statute of limitations under Alabama’s workers’ compensation law requires you to file a workers’ compensation complaint with the state within two years of the work accident that injured you. If your employer pays you workers’ comp benefits, the statute of limitations on your workers’ compensation claim does not begin to run until the date of the last payment of benefits.

What Are Common Reasons Workers’ Compensation Claims Are Denied in Alabama?

Potential reasons why an employer or its insurer may deny a workers’ compensation claim include:

• The claimed injury did not occur in the course and scope of the worker’s employment.
• The worker failed to give notice of their injury on time.
• The worker’s behavior disqualifies them from workers’ compensation benefits, such as willful misconduct or on-the-job intoxication.
• The injured worker received treatment from a physician not selected by the employer.
• The worker refused medical treatment or reasonable requests for independent medical examination.
• The worker filed an untimely complaint.
• The worker claimed a preexisting injury not aggravated or worsened by a workplace accident.

How Can a Lawyer Help After a Workplace Accident?

A workers’ compensation lawyer can help take anxiety and pressure off your shoulders by handling the details of your claim. When you hire a lawyer for your case, they can help get you the workers’ comp benefits you need by:

• Investigating the workplace accident to recover any evidence that may support your claim
• Working with your treating providers to document your injuries
• Keeping records of out-of-pocket expenses for your reimbursement
• Calculating your lost wage benefits
• Ensuring the timely filing of your injury notice and workers’ compensation complaint
• Negotiating with your employer and its insurer to try to secure the workers’ comp benefits you need as quickly as possible
• Advocating your case during formal workers’ compensation hearings to fight for your rights

Contact an Alabama Workers’ Compensation Lawyer

Contact Gartlan Injury Law today for a free, no-obligation consultation to speak with an Alabama workers’ compensation lawyer about your legal rights after a work accident. Our skilled law firm will work hard to make sure you demand the full scope of benefits and financial compensation you deserve from workers’ compensation.

Visit Our Alabama Workers’ Compensation Law Offices