What To Do if You Are Denied Workers’ Compensation in Alabama

If your Alabama workers’ compensation claim is denied, it’s essential to act quickly. You can file an appeal to dispute the denial. However, you will need to meet numerous requirements and strict deadlines. That’s why you should seek help from an experienced Alabama workers’ compensation attorney.

At Gartlan Injury Law, our experienced lawyers provide aggressive representation for injured workers throughout Alabama. Our firm is dedicated to making the workers’ comp system work for our clients. Contact us now to learn more about your options during a free consultation.

What Are Common Reasons for Workers’ Comp Claim Denials in Alabama?

Many Alabama employees are eligible for workers’ compensation benefits if they suffer an injury or illness on the job, but employers and insurance carriers sometimes deny claims on the following grounds:

• The claim was for an injury or illness that did not arise while the worker was on the clock or performing work-related activities.
• The claim was for an injury or illness stemming from worker intoxication, impairment, horseplay, or violation of company policies.
• The worker who filed the claim neglected to promptly notify the employer of their injury or illness or failed to file their claim paperwork on time.
• The worker who filed the claim neglected to obtain treatment for their condition or follow their healthcare provider’s treatment recommendations.
• The worker who filed the claim sought treatment from an unapproved provider.
• The worker who filed the claim has a pre-existing condition, and the effect of the pre-existing condition on their current condition is unclear.

If I Caused My Work Injury, Am I Still Eligible for Workers’ Compensation?

Yes. Workers’ compensation is a no-fault system, which means you are entitled to benefits no matter who was at fault for your injury. You are not required to prove that you were blameless or that someone else was at fault to claim benefits. You need only prove that you are fundamentally eligible for benefits, and that your injuries and related losses resulted from a work-related incident.

If I Am a Part-Time Employee, Am I Still Eligible for Workers’ Comp?

Yes. All Alabama employers with five or more regular employees must provide workers’ compensation coverage on behalf of their employees. In this context, a regular employee is someone who regularly performs services on behalf of their employer on either a part-time or full-time basis. If you are a part-time employee of a business that employs five or more people, you should be eligible for workers’ comp benefits.

How Long Do I Have to Report My Injury to My Employer?

Alabama workers must report work-related injuries to their employers promptly or risk losing their benefits. State law requires you to notify your employer of work-related injuries within five days and work-related accidents within 90 days.

If your employer witnessed the accident or has other knowledge of what happened, you have technically met the legal reporting requirement. However, it’s always best to submit a written report of the incident to your employer and keep a copy of your records. If you cannot deliver the report yourself, you can ask a trusted co-worker or loved one to deliver it for you.

If My Workers’ Compensation Claim Is Denied, Do I Have to File a Lawsuit?

Not necessarily. An extensive appeals process is in place to reduce and prevent litigation for worker injury claims. Before you file a lawsuit, you can take advantage of this process to reach an out-of-court agreement with your employer or insurer.

What Should I Do After a Workers’ Compensation Claim Denial?

To begin the appeals process after a workers’ comp claim denial in Alabama, you must file a written appeal with the Hearings and Appeals Division of the Alabama Department of Labor. You must file the appeal within 15 calendar days of the mailing date on the notice you received informing you of the denial. If you received the notice in person, you have only seven calendar days to file.

If the Division agrees to consider your appeal, it will schedule a hearing with an Administrative Hearing Officer. After the hearing, you should receive a letter informing you of the Officer’s decision within 10 business days. If you disagree with the Officer’s determination, you can go to the Board of Appeals within 15 calendar days of receiving the letter to take your case to the next level of the appeals process.

You can represent yourself through every stage of the workers’ comp claim and appeals process. Still, having an attorney in your corner should level the field for you. A seasoned workers’ compensation lawyer can help you present your claim favorably, stand up to tight-fisted insurance companies, and pursue the full benefits you are owed. An attorney can also help you to determine when it might be necessary to take an employer or insurance provider to court.

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

If you must file a claim with the Department of Labor or sue for workers’ compensation in an Alabama civil court, remember that you have just two years to do so. The two-year window begins on the date when you first suffered the injury or illness, or on the date when you received your last workers’ comp benefit payment, whichever is later. If you fail to bring your claim within the statutory two-year deadline, you can lose your right to demand benefits.

The two-year deadline is crucial regardless of whether you intend to sue. The mere ability to take your employer or an insurer to court is your most crucial leverage during settlement negotiations. An Alabama workers’ compensation lawyer can keep track of important deadlines to prevent filing errors.

Contact an Alabama Workers’ Compensation Lawyer Today

If you have questions about what to do after being denied workers’ compensation in Alabama, Gartlan Injury Law can answer them. Contact us today for a free initial consultation with an experienced and dedicated Alabama workers’ compensation lawyer.

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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.