Workplace Accident FAQs

If you’ve never been injured at work and had to navigate the Alabama workers’ compensation system, it can be confusing and overwhelming. It’s no wonder many injured workers have questions about what benefits they may be eligible for, how to apply, how to appeal a rejection, and so on.

The quickest way to get the answers you need in situations like these is to speak with an experienced Alabama workplace injury lawyer. Gartlan Injury Law has more than 20 years of experience protecting injured workers’ rights. We can investigate your case and tell you whether you might be eligible for a workers compensation claim or personal injury lawsuit.

We would be honored to represent you in your case, so contact our office today for a free consultation.

Who Is Entitled to Workers’ Compensation in Alabama?

According to the Alabama Department of Labor, the law requires most employers with five or more employees must carry workers’ compensation coverage. That applies whether the employees work full-time or part-time. However, the Department of Labor says certain workers are exempt from this requirement, regardless of the size of the business they work for.

Exempt workers include:

• Employees of the state or federal government
• Domestic servants
• “Casual” employees
• Farmworkers
• Owner/operators or leased operators of trucks engaged in interstate commerce

Furthermore, for an accident to be covered by your employer’s workers’ compensation insurance plan, you must have sustained your injuries while engaged in a work-related activity. For example, if you slipped on a wet floor while at work, that would likely be considered a work-related accident. But if you’re involved in a fight with another employee at your workplace, that would probably not be covered by workers’ compensation because fighting is reckless, dangerous, and unrelated to your work duties.

There are some gray areas when it comes to workplace injuries. For instance, if you were hurt in a car accident while out on a delivery or sales call, that would likely be covered by workers’ compensation because you were engaged in a work-related activity. However, your daily commute is typically not considered a work-related activity, so you likely couldn’t claim workers’ compensation benefits if you’re hurt while traveling to or from your job.

What Types of Workplace Injury Cases Does Your Alabama Law Firm Handle?

Depending on your job, where you work, and other factors, there are all kinds of different injuries you could sustain on the job. A few examples of the workplace injuries we handle at Gartlan Injury Law include:

• Slip-and-falls/trip-and-falls

• Construction accidents

• Machinery explosions

• Burns

• Electric shocks

• Broken bones

• Scaffolding injuries/collapses

• Work-related car accidents

• Exposure to toxic chemicals

• Falls due to defective or broken stairs, railings, etc.

• Industrial accidents

• Crushed, amputated, or torn limbs

• Back and neck injuries

• Traumatic brain injuries

Could I Bring a Personal Injury Lawsuit If a Non-Employer Third Party Caused My Injury?

You generally cannot sue your employer if you’re injured on the job in Alabama because workers’ compensation is a no-fault benefit that precludes personal injury claims. The theory here is that injured workers give up their right to file a lawsuit in exchange for getting the benefits they need more quickly. They don’t have to spend a bunch of time investigating the accident to determine who is to blame. How well this works in practice is another matter.

However, if you’re injured at work by someone who doesn’t work for your employer, you may be able to file a third-party personal injury lawsuit against them. That is important because you can potentially collect more compensation through a personal injury claim than from workers’ compensation. If you’ve sustained severe injuries, this additional compensation could make a significant difference in terms of your quality of life.

Our workplace injury lawyer can look at your case to determine whether you might have a viable personal injury claim against a non-employer third party.

How Long Do You Have to File for Alabama Workers’ Compensation Benefits?

Information from the Alabama Department of Labor indicates you have five days from the date of your injury to report it to your employer. However, the Department of Labor also says if you notify your employer of your injury within 90 days, that should suffice.

Regardless, you want to notify your employer about your injury in writing as soon as possible after an accident. If you cannot do this yourself, have a trusted colleague, friend, or family member notify your employer on your behalf. Make the report in writing to ensure a documented record of your actions.

Our attorney can ensure you timely file notice. Just reach out to us for help as soon as possible.

How Long Do You Have to File an Alabama Workplace Injury Lawsuit?

If you have a case for a personal injury claim against a non-employer third party, your deadline to file a lawsuit is the same as Alabama’s typical Statute of Limitations in personal injury cases. Per state law, you have two years from the date of injury to file a lawsuit against a non-employer third party.

What Benefits Are Available from Alabama Workers’ Compensation?

Workers’ compensation benefits are more limited than the compensation you could receive through a personal injury claim. These benefits include:

• The total value of any medical treatment you need to treat your work-related injuries
• Partial wage-replacement benefits – You can receive up to two-thirds of your average weekly wages, up to a limit set by state law. For 2021, the maximum weekly compensation benefits you could receive is $983/week.
• Disability benefits – Depending on the severity of your injuries and how long you’ll have to miss work while you heal from your injuries, you could receive:
  • Temporary partial disability benefits
  • Temporary total disability benefits
  • Permanent partial disability benefits
  • Permanent total disability benefits

What Compensation is Available in an Alabama Workplace Injury Lawsuit?

A personal injury lawsuit against a non-employer third party allows you to seek compensation for more losses than you can through a workers compensation claim, including payment for:

• Medical bills/medical care

• All lost wages

• Reduced earning potential

• Pain and suffering

• Emotional distress

• Damaged personal property

Have more questions about what compensation you could recover after a workplace accident? Contact Gartlan Injury Law today to schedule a free initial consultation.

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.