What Is the Timeline for a Workers’ Comp Claim in AL?

In Alabama, injured workers and their employers must comply with specific deadlines to secure workers’ compensation benefits. Awareness of the timeline for a workers’ comp claim in AL is critical to receiving the financial support you need while you cannot work. An attorney from Gartlan Injury Law can help prepare your claim to meet all workers’ compensation deadlines.

How Soon Must an Employee Notify Their Employer of an Injury?

If you are injured in the workplace, you must report an injury or illness immediately. Specifically, notice must be given to the employer within five days.

How Soon Must Employers Submit a First Report of Injury to the Workers’ Compensation Commission?

Your employer must submit a First Report of Injury form to the Alabama Workers’ Compensation Commission within 15 days of the employee’s injury. This form notifies the employer’s workers’ compensation provider of the injury or illness.

What is the Statute of Limitations for an Alabama Workers’ Comp Claim?

The statute of limitations for a workers’ compensation claim sets the deadline for filing. In Alabama, you have two years from the date of the accident to file a claim or two years from the date of your last payment, whichever is greater. If you miss the deadline, your claim will likely be barred. For this reason, it’s wise to get an attorney involved as soon as possible in the workers’ compensation process.

How Soon Must the Workers’ Comp Insurance Provider Begin Making Their Payments to the Injured Employee?

Compensation must begin on the fourth day after the disability. However, this waiting period may not affect the total compensation you recover. If the disability from the injury exists for at least 21 days, compensation for the first three days after the injury is added and payable to the injured employee, with the first installment due after the first 21 days.

It’s important to understand that you are not automatically eligible for benefits because you got injured at work. First and foremost, you must prove the injury is work-related and occurred in the course of your employment. Insurers often reject claims for this reason.

Other circumstances may make you ineligible for workers’ compensation. Examples of situations that could preclude you from benefits include:

• An accident due to willful misconduct or drug/alcohol intoxication
• An injury caused by an intentional attempt to harm or kill yourself
• An injury resulting from the act of another person or fellow employee for non-work reasons
• Accidents caused a failure or refusal to use safety equipment provided by your employer
• Injuries resulting from breaking an employer’s rules or regulations
• An accident caused by a refusal or willful neglect to perform a statutory duty

Other common explanations for denials include:

• Lying about the severity of the workplace injury
• Failing to follow treatment instructions
• Pre-existing conditions

If you believe your employer’s workers’ compensation provider unfairly denied your claim, consult a knowledgeable attorney immediately to learn your legal options.

How Long Does an Employee Have to Appeal a Workers’ Comp Denial?

You have an incredibly short deadline to appeal a workers’ compensation denial in Alabama. If you received the denial by mail, you have 15 days. If the denial came in person, you have only seven days.

Unlike many other states, Alabama does not have an administrative system in place to handle workers’ comp appeals. That means claimants must contest their denial of workers’ comp benefits in state court.

You can try contacting the state Workers’ Compensation Ombudsman Program, which may be able to resolve some disputes through mediation. However, the results of mediation are not binding and are contingent upon both parties agreeing to the process. Many injured workers find themselves taking their cases to court.

If you are considering filing a lawsuit to appeal a denial, we strongly encourage you to consult an Alabama workers’ compensation attorney. Navigating formal proceedings and adhering to legal procedures will be difficult without assistance from an experienced lawyer.

How Long Does It Take to Settle a Workers’ Comp Case in Alabama?

After you file your claim, you may wonder how long it takes to settle a workers’ comp case. There is no set time frame, and the process may be lengthy. Certain factors can delay the process, including the severity of your injuries and whether you develop a permanent disability.

How Can an Alabama Workers’ Compensation Attorney Help Expedite My Claim?

Hiring a workers’ comp attorney may expedite the process and result in a more favorable outcome. Lawyers know which forms must be filed, how to avoid common pitfalls and obstacles in obtaining workers’ compensation benefits, and the best way to handle negotiations with the insurance company. While these talents cannot guarantee a quicker settlement, they can smooth the process.

Hiring an attorney to keep the case moving can also avoid unnecessary delays. How do delays benefit insurance companies? First, a delay prolongs the time until an insurer must pay the benefits you deserve. Second, a delay can also affect your bargaining position in that you may be willing to accept a lower settlement offer when you desperately need benefits. An attorney can advocate fiercely and hold adjusters accountable for making flimsy excuses or taking too long to evaluate your claim.

Contact an Alabama Workers’ Compensation Lawyer

Were you injured at work? If you are suffering from physical injuries and enduring financial strain due to lost wages or a claim denial, call Gartlan Injury Law. Our skilled workers’ comp attorneys stand ready to guide you throughout the claims process. As your legal champions, we will protect your rights and pursue maximum compensation for you. Contact us today for a free consultation and learn more about what our legal team can do for you.

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Aaron Gartlan

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.