Alabama Workers Compensation Lawyer

Protecting the Rights of Injured Workers Throughout Alabama

You can apply for workers’ compensation benefits when you are injured during your job duties. They help you pay the bills while you recover from those injuries. Sometimes an application will be denied or your benefits will be suspended before you fully recover. If you need help, contacting a workers’ compensation attorney at Mezrano Law Firm is an important first step.

Call For A FREE Consultation

Call us at (205) 206-6300 24/7 to set up an appointment with a personal injury attorney about your case, or contact us through the website today.

What is Workers Compensation?

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The workers’ compensation system is a state program that benefits workers injured in the workplace. Each state in the United States has its own workers’ compensation program, with varying rules but a similar structure. Employers are generally required to purchase workers’ compensation insurance to cover their liability when a worker is injured or diagnosed with an occupational disease.

The workers’ compensation program was designed to negotiate between employers and workers. Employees receive a no-fault benefits program that covers their medical expenses and a partial wage replacement benefit when they have suffered an injury that will cause them to miss three or more days of work. In exchange, workers are prohibited from suing their employer for a workplace injury, even if the employer’s negligence caused it. Call one of our workers’ compensation attorneys today if you or someone you love has been injured due to work-related duties.

What Benefits are Included in Workers’ Compensation?

The following is a summary of the benefits of the Alabama workers’ compensation program. More specific details are available on the Alabama Department of Labor website.

  • Medical benefits
  • Partial wage loss benefits
  • Death benefits include funeral expenses and weekly benefits paid to dependents of a worker who dies within three years of a workplace accident or illness.
  • Funeral expenses of up to $6,500, paid by the employer.
  • Temporary total benefits for workers disabled for a limited time.
  • Temporary partial benefits are for workers who cannot perform regular tasks and must take on lighter duties while they recover.
  • Permanent partial benefits are for workers who suffer a permanent disability.
  • Permanent full benefits are for workers with a permanent disability who cannot work.

Calculation of Workers’ Compensation Benefits

If you are injured at work and need to claim weekly benefits, take your average weekly earnings over the last 52 months and then multiply them by 66 2/3. So if you earn $400 a week, your weekly benefits should be $268.

The other benefits are calculated as follows:

  • Death benefits: 500 weeks
  • Weekly earnings x 50% for a dependent
  • Weekly earnings x 66 2/3% for two or more dependents
  • One-time lump sum of $7,500 to the decedent’s estate (paid by employer) if there are no dependents
  • Permanent total disability / temporary total disability: unlimited weeks
  • Permanent partial disability/temporary partial disability: 300 weeks

What is the Difference Between a Workers Compensation and a Personal Injury Lawsuit?

When injured workers file a workers’ compensation claim, they will receive benefits based on the injury and medical care.
Suppose that a negligent third party, such as the manufacturer of a defective tool, caused the worker’s injury. In that case, the worker could file a third-party personal injury claim. The difference between filing a personal injury claim and a workers’ compensation claim is that for a personal injury claim, you must be able to prove that the negligence of the at-fault party was the direct cause of his injury. In a workers’ compensation claim, you must prove that the injury occurred during regular work duties. Your Alabama workers’ compensation attorneys will explain how each works and which applies to your case.

Common Workplace Injuries in Alabama

There were 83 fatal workplace injuries in Alabama in 2017, 17 fewer than the previous year, according to the U.S. Bureau of Labor Statistics.

Transportation injuries resulted in 34 fatal work-related injuries, up from 61 injuries the previous year. Contact with objects and equipment accounted for 21 workplace deaths more than 16 years ago. Falls, slips and trips accounted for 13 workplace injuries, exposure to harmful substances and all other injuries accounted for the remainder of the deaths.

There is no limit to the type of workers’ compensation coverage for injuries. The injury must have been sustained while the worker was performing regular job duties. Some examples of the most common types of workplace injuries include:

  • acts of violence
  • Repetitive motion injuries
  • Accidents due to machine entanglements
  • Transportation accidents
  • Injuries from falling objects
  • Body reaction injuries
  • Slip, trip, and fall injuries caused by slippery surfaces, uneven floors, and floor debris
  • Overexertion injuries

What are some examples of occupational diseases?

The following is a list of some of the most common types of occupational diseases compiled by the International Labor Organization (ILO):

  • Chemical poisoning and chemical burns
  • Mesothelioma is a form of lung cancer from exposure to asbestos.
  • industrial dermatitis
  • Industrial asthma due to exposure to airborne toxins.
  • Neurological disorders due to exposure to toxic chemicals in the workplace.
  • Stress-related injuries

Assume that your illness or medical condition was caused by occupational exposure at your current job or at a previous workplace. In that case, an experienced Alabama workers’ compensation attorney could fight for you.

Am I required to hire a workers’ compensation attorney?

You are never required to hire a lawyer to represent you, but here are some reasons why it makes sense:

  • Your Employer Has Denied a Legitimate Workplace Injury Claim
  • Your employer’s insurer has stopped paying your benefits
  • Employer fraud can look like misclassifying employees as contractors
  • Any other dispute related to your workers’ compensation claim

Remember that insurance companies have a legal team full of attorneys whose singular mission is to get you to recover as little compensation as possible. Having a trusted attorney on your side will give you the confidence to stand up to the insurance company trying to deny your benefits.

How Does My Workers Compensation Attorney Get Paid?

A qualified workers’ compensation attorney will meet with you for a free initial consultation to discuss your workplace injury or occupational illness case. If they agree to take your case, you do not need to pay a retainer fee up front. Instead, the law firm will advance the costs of pursuing your case. If you win your case, your attorney will be paid a contingency fee of 15% of the total amount of your settlement or judgment, as required by the Alabama Workers’ Compensation Law. Other areas of practice that are based on contingencies are:

    • personal injury lawyer
    • Alabama Workers Compensation Lawyer
    • Car Accident Lawyer
    • Alabama Premises Liability Lawyers
    • Car Accident Lawyer

Alabama Workers Compensation Lawyers Helping Injured People Return to Work.

Suppose you were injured at work and are facing a dispute with your employer’s workers’ compensation insurer or the Alabama Division of Workers’ Compensation. In that case, you’ll need experienced representation to level the playing field. Mezrano Law Firm can help you get the help you need.

Call For A FREE Consultation

Call us at (205) 206-6300 24/7 to set up an appointment with a personal injury attorney about your case, or contact us through the website today.

 

 

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