How does workers’ comp work in Alabama

Workers’ compensation insurance provides benefits to Alabama employees who get hurt or become ill while performing their job-related tasks. Injured and sick workers are entitled to medical treatment and weekly wage replacement benefits, among others. 

Is My Employer Required to Provide Workers’ Compensation?

Companies with at least five employees are required to carry workers’ compensation insurance. Employees can be part or full-time workers, members of an LLC, and officers of a corporation. However, contractors do not count for workers’ compensation purposes.

What Is Covered by Alabama Workers’ Compensation?

Workers’ compensation benefits cover a sick or injured employee’s reasonable and necessary hospital, medical care, and surgical treatment, including:

• Doctor’s office visits
• Surgeons, anesthesiologists, and specialists
• Overnight hospital stays
• Chiropractic care
• Crutches
• Surgical supplies
• Prescriptions
• Medical devices

The employer can choose the physician their employee must see to receive coverage through the workers’ compensation plan. If the worker isn’t satisfied with the initial doctor, they can notify their employer and select someone else from a panel of four healthcare professionals the employer chooses. If an employee doesn’t accept the medical services the employer provides or refuses to comply with a reasonable examination request, they can lose their right to benefits.

Weekly workers compensation benefits can also partially replace the wages a worker can’t earn after getting hurt or developing an illness at work.

If an employee is killed on the job or their work-related illness or injury results in death, surviving family members could receive up to $6,500 toward burial expenses.

Can My Employer Request That I Have a Medical Examination?

An employer can request that an injured worker submit to an independent medical examination. The appointment is mandatory, and not showing up can lead to denied benefits.

Can My Employer Ask Me to Submit to a Drug and Alcohol Test?

In Alabama, employers with a drug-free workplace program must test their employees in these scenarios:

• Upon reasonably suspecting drug use
• As part of a routine fitness-for-duty medical exam
• After an accident that causes lost work time
• When the employee returns to their job after rehabilitation for testing positive after an administered drug test

Can an Employer Refuse to File a Workers’ Comp Claim Just Because There Were No Witnesses?

Just because no one saw it doesn’t mean the accident didn’t happen. Your employer must notify the Alabama Department of Labor after receiving a report of a workplace injury.

Can I Receive Mileage Reimbursement for My Doctor Visits?

Workers’ comp reimburses mileage costs for traveling to and from rehabilitation and medical providers’ appointments. The reimbursement rate typically changes on January first of each year.

How Much Does Alabama Workers’ Compensation Pay?

Weekly compensation benefits for an employee’s injury or death are determined by multiplying 66 2/3 percent by their average weekly earnings for the 52 weeks before the accident. However, there is a minimum and maximum amount that can be paid.

Surviving dependents can recover death and burial benefits if an employee dies from a job-related injury or illness. Burial benefits pay up to $6,500. Other amounts paid depend on the number of dependents the employee has, including:

• No dependents – If a worker doesn’t have dependents when they die on the job, their employer must pay $7,500 to the deceased’s estate within 60 days of the death.
• One dependent – The deceased employee’s average weekly earnings before the accident are multiplied by 50 percent if they have only one dependent.
• Two dependents – If there are two or more dependents, their average weekly earnings are multiplied by 66 2/3 percent.

Is There a Waiting Period Before I Start Receiving Workers’ Compensation Pay?

The disability period begins on the fourth day an employee is out of work after a three-day waiting period. You should receive workers’ comp benefits within 30 days after they become due, unless there is a good reason for not paying.

Is There a Statute of Limitations in Alabama for a Workers’ Compensation Claim?

You must file your workers’ comp claim within two years of the injury date or two years from receiving your last benefit payment.

What Do I Do If My Workers’ Compensation Claim Has Been Denied?

After your claim has been denied, you can file a written appeal with the Hearings and Appeals Division of the Alabama Department of Labor. In most cases, this appeal must be filed within 15 days of the denial. If you’re granted a hearing, you’ll present your case to an Administrative Hearing Officer.

If appealing doesn’t resolve the issue, you could file a lawsuit in the district court to dispute your denied workers’ compensation claim. The two-year deadline for filing a workers’ comp claim also applies here. However, the process can be complex and confusing for people unfamiliar with the legal requirements. You should consider hiring a skilled attorney to assist you.

Contact an Alabama Workers’ Compensation Lawyer

At Gartlan Injury Law, we take time to understand our client’s needs so we can create a strategy to achieve their goals. We want to resolve workers’ comp claims efficiently so injured and sick workers receive the necessary benefits to avoid unnecessary financial hardships.

When a workplace accident leaves you injured and unable to earn a living, let Gartlan Injury Law protect your rights. Call or contact us online for a free consultation if you are injured at work. We’re ready to begin your claim and pursue the workers’ compensation benefits you deserve.

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