How Long Does It Take to Settle a Workers’ Comp Case in Alabama?
If you work for an employer with at least five employees in Alabama, you’re likely covered by workers’ compensation insurance. This type of insurance is required by Alabama law to provide coverage to employees who suffer work-related injuries or illnesses. Unfortunately, claiming workers’ comp benefits is rarely simple.
When workers get injured, many employers and insurance companies dig in their heels and deny their responsibility to pay. If you’re too hurt to work and struggling to make ends meet, you may be understandably anxious to reach the end of your workers’ comp case.
We’ll discuss how long it takes to settle a workers’ comp case in Alabama and what you can expect from the claims process. To review your claim with an experienced Alabama workers’ compensation lawyer, contact Gartlan Injury Law today for a free initial consultation.
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How Long Does It Take to Settle a Workers’ Comp Case in Alabama?
It can take time to reach a settlement if you’ve suffered a workplace injury or illness in Alabama. Unfortunately, the process is not always clear and easy. Some of the most common factors that can delay workers’ comp settlements include the following:
- The severity of your condition – The more severe your condition, the more costly your medical needs will be. More serious conditions also take much longer to reach maximum medical improvement (MMI), when the condition is unlikely to improve with more treatment.
- Whether you develop a permanent disability – If your doctor determines that you have a permanent impairment once you reach MMI, the bulk of any workers’ comp settlement you receive will likely be permanent disability benefits. The value of these benefits is based on several factors, such as your disability rating.
- Whether you hire an attorney – Workers’ compensation settlements tend to take longer when employees hire their own lawyers. Although this may not seem beneficial, patience can work to your advantage. Workers who are represented by attorneys tend to have better outcomes. Workers’ compensation lawyers have the experience and resources needed to challenge insurance companies and employers. The process takes time but also can result in more benefits.
- Whether you are willing to negotiate – The lengthiest part of any settlement process is negotiation. You can walk away with cash in hand at almost any time. But the sooner you settle, the less you’ll typically get. If you’re willing to remain patient and persistent through the negotiating process, you are more likely to receive a higher settlement.
The good news is that you may be entitled to a range of benefits before you formally settle your case. Your benefits should pay directly for any medical care you need for your work-related condition. If you are forced to miss work while you recover, you should also receive benefits that replace a portion of your lost wages.
How Much Does Workers’ Comp Pay in Alabama?
How much your workers’ compensation benefits will cover depends on your specific injury and circumstances. With a valid workers’ comp claim in Alabama, you could be entitled to the following types of benefits:
- Medical benefits – These benefits cover the costs of any reasonable and necessary medical care you need for your occupational condition. You can also seek mileage reimbursements for traveling to medical appointments.
- Temporary disability benefits – If you are temporarily out of work or have restrictions, these benefits cover a portion of your lost wages. Temporary partial disability (TPD) disability benefits pay up to two-thirds of the difference between your pre- and post-injury average weekly wages when you can work but not at full capacity. Temporary total disability (TTD) benefits pay when you can’t work at all.
- Permanent disability benefits – If your occupational condition leaves you permanently disabled, these benefits cover a portion of the wages you can no longer earn. Permanent partial disability (PPD) benefits are based on your disability rating and the number of “scheduled” weeks assigned to the affected body part. Permanent total disability (PTD) benefits pay up to two-thirds of your pre-injury weekly wages for the duration of the disability.
How Long Can You Draw Workers’ Comp in Alabama?
There is a statutory three-day waiting period before you can receive any workers’ comp benefits in Alabama. After that, you can draw the following Alabama workers’ compensation benefits:
- Temporary partial disability benefits – Up to 300 weeks
- Temporary total disability benefits – The duration of the disability
- Permanent partial disability benefits – Up to 300 weeks
- Permanent total disability benefits – The duration of the disability
How Long Does It Take to Receive Workers’ Comp After Accepting an Offer in Alabama?
Once you accept a workers’ comp settlement in Alabama, it takes time to receive your money. You’ll need to wait for your settlement to be reviewed by the state’s workers’ compensation agency. These procedures are meant to ensure you are getting a fair settlement. Once the settlement has been approved, your employer or their insurance company should begin payment of your Alabama workers’ compensation benefits within 30 days.
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Contact an Alabama Workers’ Compensation Lawyer Today
There is no way to predict how long your workers’ comp settlement could take without consulting a lawyer with specific experience handling workers’ compensation cases. At Gartlan Injury Law, we could provide knowledgeable guidance and help you understand what to expect at every step of the process. For more information about your rights as an Alabama worker, contact us today for a free initial case review with a skilled workers’ comp attorney.
Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.
