If you've been injured on the job in Alabama, you may be entitled to workers' compensation benefits.
Navigating the workers' comp system and dealing with your employer's insurance company can be confusing and overwhelming, especially when you're trying to recover from an injury.
An experienced Alabama workers' compensation attorney can help protect your rights and fight to get you the full benefits you deserve.
What Is Workers' Compensation?
Workers' compensation is a form of insurance that provides medical and wage benefits to employees who are injured or become ill as a direct result of their job.
In Alabama, most employers with five or more employees are required to carry workers' comp insurance to cover on-the-job injuries and occupational diseases.
Under Alabama law, workers' comp is an "exclusive remedy," meaning that in most cases, you cannot sue your employer for a work-related injury or illness. In exchange, you don't have to prove fault to receive benefits: Coverage is provided on a no-fault basis.
Common Workplace Injuries
Some of the most common on-the-job injuries that may entitle you to workers' comp benefits in Alabama include:
- Slip and fall accidents;
- Overexertion injuries from lifting, pushing, pulling, or carrying;
- Being struck by or against an object;
- Vehicle-related accidents;
- Machinery accidents;
- Repetitive motion injuries; and
- Occupational illnesses from exposure to toxins.
Understanding these common workplace injuries can help you recognize when you may need legal assistance to secure the workers' compensation benefits you deserve in Alabama.
What Benefits Are Available?
If your workers' compensation claim is approved, you may be entitled to the following benefits:
- Medical Treatment: Your employer's insurer must pay for all reasonable and necessary medical care related to your work injury or illness. This includes doctor visits, surgeries, medications, medical equipment, and travel costs to and from appointments.
- Temporary Total Disability (TTD): If your doctor says you are unable to work while recovering, you can receive TTD benefits equal to two-thirds of your average weekly wage, subject to state minimum and maximum amounts. TTD is paid until you reach maximum medical improvement (MMI).
- Temporary Partial Disability (TPD): If you can return to work but earn less than your pre-injury wages in a limited capacity, you can receive TPD benefits equal to two-thirds of the difference in your wages.
- Permanent Partial Disability (PPD): Once you reach MMI, if you have a permanent impairment that affects your ability to work, you may be entitled to PPD benefits based on your percentage of disability.
- Permanent Total Disability (PTD): If your injury is so severe that you can never return to any gainful employment, you may receive PTD benefits equal to two-thirds of your average weekly wages for as long as you remain disabled.
- Vocational Rehabilitation: If you are unable to return to your previous job, you may qualify for vocational rehab services to help you train for a new position.
- Death Benefits: If a worker dies from a job-related injury or illness, the surviving spouse and/or dependent children are entitled to burial expenses and weekly compensation.
Familiarizing yourself with these potential benefits ensures you receive the support needed during your recovery and appropriate compensation for your work-related injury or illness in Alabama.
What Injuries/Illnesses Are Covered by Alabama Workers' Comp?
For your injury or illness to be covered by Alabama workers' compensation insurance, it must have "arisen out of and in the course of employment."
In simple terms, this means the injury or illness was directly caused by the conditions/requirements of your job.
Common injuries covered include:
- Overexertion injuries (lifting, pulling, holding, carrying, throwing);
- Slips, trips, and falls;
- Struck-by accidents (falling objects, swinging crane loads, flying debris);
- Highway accidents (for traveling employees);
- Machinery accidents (caught in/between, crushed by); and
- Repetitive trauma injuries like carpal tunnel syndrome.
Illnesses covered could include occupational diseases such as black lung, mesothelioma from asbestos exposure, hearing loss, respiratory illnesses, and more.
Is There a Time Limit to File an Alabama Workers' Comp Claim?
Yes, strict deadlines are involved:
- You must provide written notice to your employer within 5 days of the injury/illness occurring.
- Your claim must be filed within 2 years of the date of injury/illness.
Missing these deadlines can permanently bar you from receiving benefits. Reporting and filing promptly is crucial, which your attorney can ensure.
How to File a Workers' Comp Claim in Alabama
To start a workers' comp claim, you must report the injury to your employer within 5 days unless it is an occupational disease or cumulative trauma injury.
Your employer should then provide you with information on its workers' comp insurance and the claims process.
You will need to see an approved doctor for treatment. Your employer's insurance company gets to select the doctor unless it's an emergency. Be sure to tell the doctor your injury or illness is work-related.
The insurance company will investigate your claim and determine if it's compensable. If approved, you will start receiving medical and wage loss benefits. You can appeal the decision with the Alabama Department of Labor's Workers' Compensation Division if denied.
Hiring an attorney to assist you with the claims process is highly recommended, especially if your claim is denied or you are not receiving the full benefits to which you believe you're entitled.
An experienced workers' comp lawyer will deal with the insurance company on your behalf and work to resolve any disputes in your favor.
Third-Party Claims
In some situations, you may have grounds for a third-party liability claim in addition to workers' comp.
This can occur when someone other than your employer contributed to causing your injury, such as:
- The manufacturer of a defective machine or toxic substance;
- The owner of the property with a dangerous hazard;
- Another contractor on a multi-employer job site; and
- A negligent driver who causes a work-related car accident.
A third-party claim allows you to seek additional compensation beyond what workers' comp pays for, including pain and suffering, emotional distress, and loss of consortium. An attorney can advise you on your options.
Frequently Asked Questions (FAQs)
Here are answers to some frequently asked questions about workers' compensation in Alabama, providing clarity on key aspects of the process and your rights as an employee.
Can I See My Own Doctor for Treatment?
Initially you must see a doctor chosen by your employer/insurer, unless it's an emergency. If unhappy with the care, you can request to change doctors, but must follow proper procedures.
What if My Workers' Comp Claim Is Denied?
You have the right to appeal a denial through the state Workers' Compensation Division. An attorney can help you file the necessary paperwork and present evidence supporting your claim.
Can I Be Fired for Filing a Workers' Comp Claim?
No, it is illegal for an employer to retaliate against you for claiming workers' comp benefits. You may have a wrongful termination case if you are fired or face other negative actions.
How Long Do I Have to File a Workers' Comp Claim in Alabama?
In general, you have two years from the date of injury or last compensation payment to file, but it's best to initiate the process as soon as possible to avoid issues.
How Are Attorney Fees Paid in Workers' Comp Cases?
In Alabama, attorney fees are capped at 15% of the compensation awarded or paid to you.
The fees must be approved by the court. You aren't charged upfront fees.
Fight Harder, Fight Smarter
If you've suffered a work-related injury or illness, the experienced Alabama workers' compensation attorneys at Baxley Maniscalco are here to help.
We understand the impact a workplace accident can have on your health, career, and finances, and we're dedicated to fighting for the full benefits you deserve.
Our knowledgeable attorneys can guide you through every step of the workers' comp process, from filing your initial claim to appealing a denial to exploring third-party claims. Let us handle the legal details so you can focus on your recovery.
Contact us today for a free consultation. We work on a contingency-fee basis, so you pay no upfront costs or legal fees unless we win benefits for you. As an injured worker, you have rights—let us help you protect them.