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Workers’ compensation laws vary from state to state. But what brings those laws together - including those in Alabama - is that workers’ comp is supposed to benefit both the employer and the injured worker. When the injured worker suffers from employers trying to take advantage of the system, however, it’s important to have an attorney by your side.
Our attorneys in Birmingham have expert knowledge in the details of Alabama’s workers’ compensation laws. They can walk you through your claim, and if complications arise they are able to assist you there as well. Employers and their insurance companies may try and deny your claim for unfair reasons, or try and offer you less compensation than you deserve for your injury.
Big companies may try and game the system, but with Morgan & Morgan’s resources behind you, you can have a chance to get the workers’ comp that your injury requires, and not just what an insurance company trying to save money says you need. Have you or a loved one been injured on the job? Whether you’re dealing with an employer pushing back or have a particularly complicated claim you need help filing,
We may be able to help you. Contact our Birmingham office by filling out a free, no-obligation case review and get a no-obligation evaluation of your case today.
What is the Workers’ Compensation Claims Process in Alabama?
The first thing to figure out when dealing with an injury on the job is figuring out whether your company offers workers’ compensation insurance. By law in Alabama, the general rule is that any employer with five or more employees must offer workers’ comp.
If the company employs fewer, there is still the possibility that they offer it, even if they’re not required to by law. If your employer has workers’ compensation insurance and you’re injured on the job, you need to notify them immediately - within five days, according to the law. At that point, either your employer, their insurance carrier, or a third-party administrator fills out the First Report of Injury.
During this time, you’ll also need to get information from them about doctors they’ll be recommending you to visit for your injury. The waiting period for your workers’ compensation depends on how severe your injury is. Generally, there is a three-day waiting period after a report of the injury, and on the fourth day, your compensation for the injury begins, ending on the twenty-first day.
If your injury is expected to keep you out of work for longer than twenty-one days, it’s possible to have the three-day waiting period waived and begin immediately.
How Can An Attorney Help?
There’s a lot that can go into filing a workers’ compensation claim - especially if your employer and their insurance are trying to avoid paying you the amount you need. Morgan & Morgan attorneys can help simplify the process for you and take on a lot of the responsibility of the claim while you recover. Here are some of the ways that our workers’ compensation attorneys can help:
Explaining Your Rights: Our lawyers can help explain what your legal rights are during workers’ compensation claims. Your employer’s insurance company may not necessarily tell you everything that can be disclosed to you, or your employer might try and intimidate you into not filing a claim. We help you know what your rights are, and what you can do to try and get compensation.
Fill Out and Submit Paperwork: Sometimes, employers and their insurance companies will reject claims based on minor errors in a form. Our lawyers are well-versed in the details small and large that go into these claims, and can get the technicalities right and help you avoid an avoidable mistake.
Choose a Doctor: Your employer refers you to a doctor for your treatment, but if you are not satisfied with that doctor’s treatment, you’re allowed to ask your employer for a panel of four doctors to choose from. An attorney can help you decide on which of these physicians is most likely to give you adequate treatment.
Appeal a Denied Claim: Your claim may not necessarily be approved, or the insurance company could give you less than what is needed for your recovery. In times like those, our lawyers are not afraid to take your case to court in a civil lawsuit. We can fill out the paperwork for this claim as well, and gather the evidence needed to prove that you are entitled to compensation.
Filing Third Party Lawsuits: There are occasional times when other parties are involved in your workers’ compensation case. An example of this would be if your on-the-job accident was caused by faulty equipment. In cases like that, you might have a third-party lawsuit against the manufacturer of that equipment.
What Compensation Could I Receive?
What you can get in workers’ compensation depends on the severity of your injury, how disabled it may have left you, and the different treatments you will need. Not only can you receive weekly compensation for your missed time at work, but if your claim goes through your employer is responsible for paying for hospital visits and any medical, surgical, or chiropractic treatment that is seen as necessary within reason.
If your injury leaves your body totally disabled, whether permanent or temporary, there is no limit on the number of weeks you could be awarded workers’ compensation. Partial disability, depending on how severe it is, could be given for up to 300 weeks. Should this workplace injury cause an unfortunate death, the employer could have to pay the family for funeral expenses totaling up to $6,500.
Contact Morgan & Morgan About Your Workers’ Comp Case
Getting hurt on the job is unfortunate. But it happens, and you shouldn’t have to suffer due to a big company’s attempts to not compensate you. If you’re looking for help with your workers’ compensation claim, contact us for a free case evaluation at no obligation.