How much is a typical workers’ compensation settlement in Alabama

Because so many factors contribute to an individual settlement, there’s no simple average for a workers’ comp settlement. Each settlement is different, depending on the injury, whether surgery is required, and any permanent injury effects.

 

What Factors Go Into Calculating How Much an Alabama Workers’ Settlement Might Be?

Factors that contribute to calculating your final Alabama workers’ comp settlement include:

• Current and future medical care from the workplace injury or occupational illness
• Lost wages from time missed to heal from the injuries
• The severity of the injury

How Are Wage Loss Benefits Calculated?

Alabama wage replacement benefits are calculated based on your average weekly wage for the 52 weeks before your accident. You receive a fraction of this average each week based on which type of wage benefit category you fall into:

• Temporary Total Disability (TTD) – This is your benefit while you are out of work entirely while healing from your injury. It’s typically 2/3 of your average weekly wage. However, the state sets a minimum and maximum wage benefit, which changes annually.
• Temporary Partial Disability (TPD) – This is your benefit when you’re able to return to light-duty or part-time work but cannot earn as much as usual due to your work restrictions. You typically receive 2/3 of the difference between your pre-injury and current wages.
• Permanent Partial Disability (PPD) – You may reach your Maximum Medical Improvement (MMI) when further treatment is unlikely to change your condition or abilities. At that point, you may become eligible for permanent partial disability benefits. You are assigned a permanent disability rating based on how severely you’re disabled.
• Permanent Total Disability (PTD) – If the accident leaves you permanently and totally disabled and unable to be gainfully employed, then you may be eligible for PTD benefits for the rest of your life.

How Much Does Alabama Workers’ Compensation Pay?

The amount of compensation you get for a workers’ comp claim varies from case to case. Your compensation depends on how badly you were injured, the likelihood you’ll recover fully, and when you can return to work.

The Alabama Workers’ Compensation Act provides wage replacement benefits and benefits for permanent functional disabilities and disfigurement. Benefits are also available if you cannot return to work in a job that pays the same as your pre-injury job.

Are There Other Benefits I Can Receive in a Workers’ Compensation Claim?

Alabama workers’ comp also permits injured workers to collect the following benefits:

• Medical benefits – All reasonable and necessary medical care treatment for your illness or injury may be covered, including emergency care, surgery, physical therapy or occupational therapy, and follow-up appointments.
• Vocational training and rehabilitation – If you cannot return to the job you had at the time of the accident, you may receive additional vocational rehabilitation and training or education to prepare you to hold gainful employment suitable to your changed abilities.
• Travel and mileage – You may be compensated for mileage to and from doctor’s appointments and any travel costs you incur for treatment, such as hotel stays, meals, and other travel expenses.
• Death benefits and burial costs – If an employee passes away due to a workplace accident, their surviving spouse and children may file a claim for death benefits and the cost of burial.

How Much Do Death Benefits Pay?

Death benefits in Alabama are calculated depending on the number of dependents the worker had at the time of the accident:

• Two or more dependents – To calculate death benefits for two or more dependents, the employee’s average weekly earnings before the accident are multiplied by 66 2/3 percent.

• One dependent – The worker’s average weekly wage is multiplied by 50 percent for one dependent.

• No dependents — If the employee had no dependents at the time of the accident, the employer pays a one-time payment of $7,500 to the deceased’s estate.

The employer may also be responsible for paying up to $6,500 to cover the worker’s burial expenses.

What Happens If My Claim Is Denied?

If your workers’ comp claim is denied, you may contact the Alabama Workers’ Compensation Division for assistance or file an appeal yourself. Many injured workers may find the appeal process easier when they work with an Alabama workers’ comp attorney. An experienced lawyer knows how to craft a strong appeal and represent workers before the Hearings and Appeals Division of the Alabama Department of Labor.

You only have 15 days from the date the denial notice was mailed to file a claim, so it’s important to act fast. If your request for an appeal is approved, you will have a hearing before an Administrative Hearing Officer. You and your lawyer may present evidence for your claim to be approved. You should receive a decision from the Administrative Hearing Officer within 10 days of your hearing.

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

You must report any accident to your employer as soon as possible. However, you also only have two years from the date of the accident to file a workers’ compensation claim in Alabama. If you wait too long, you may lose your right to recover benefits. An Alabama workers’ comp attorney can ensure you do not miss any essential deadlines and protect your right to compensation.

Contact an Alabama Workers’ Compensation Lawyer

Have you been injured while on the job? Do you need help filing an appeal? Contact Gartlan Injury Law today for a free consultation with an experienced Alabama workers’ compensation attorney.

Visit Our Alabama Workers’ Compensation Law Offices