Gadsden Workers’ Compensation Lawyers
Fighting for workers injured on the job in Alabama
Alabama is populated by millions of people, the majority of whom are employed in jobs on construction sites, in offices, retail stores, warehouses and more – supporting ourselves and our families and making Gadsden a great place to live. We give our employers our valuable skills and knowledge and in return they provide us with wages and benefits.
Most of the time, this exchange works well and goes without a problem. But what happens if you’re injured in an accident on the job? This is where the Gadsden workers’ compensation attorneys at Mezrano Law Firm come in. We help you get the benefits and wages you need to get by while you heal from your injuries. You have a right to workers’ comp, and our job is to ensure you receive the benefits to which you’re entitled.
What is workers’ compensation?
First, here’s a brief explanation about workers’ compensation. A type of insurance and benefits program, workers’ compensation provides partial wages and medical care to workers injured on the job. If you’re hurt while you’re performing your job duties, you’re likely eligible. The workers’ compensation program is designed to protect the rights of workers, their health and finances after work-related injuries – and they are part of your inherent rights as an employee.
Workers’ compensation is known as a “no fault” system, meaning it provides these benefits to injured workers without the worker having to prove that the employer was responsible for their injuries. Even if you were partially to blame for your work injury, you’re still eligible for benefits – however, you waive this right if you were under the influence of alcohol or drugs, or behaving recklessly.
In exchange for removing this burden of proof, the worker is limited in what kinds of benefits they can collect.
For example, workers’ compensation does not cover things like pain and suffering or mental anguish. However, they can receive medical treatment for their injuries and partial wages (typically 2/3 of their average wages) during the time they’re unable to work. You can find more details about benefits from the Alabama Department of Labor website.
Who is eligible for workers’ compensation in Gadsden?
Any Alabama company or business with five or more full-time employees is required to carry workers’ compensation insurance. And, an employee who suffers an injury or develops a medical condition as a result of their employment can file a workers’ comp claim. If a worker dies from an accident or injury, their surviving family members may be eligible for benefits.
There are, however, a few types of employees who may not qualify for workers’ compensation benefits. These might include domestic workers, farm laborers, independent contractors and temporary workers. If you’re unsure as to whether or not you qualify, talk to your employer or to a workers’ comp attorney.
Remember, workers’ compensation insurance covers almost any type of injury, provided it happened while you were performing your job. Although most job-related injuries happen at your place of employment, they can also happen during work travel (like a car accident) or on remote job sites. Workers’ comp also covers chronic conditions or previous injuries, as long as your job aggravated or exacerbated the condition. Sometimes injuries don’t show up for months or even years, so it’s important to get any injury or condition checked out by a medical professional.
What to do if you’re injured on the job in Gadsden
It’s important to act quickly if you experience an accident or injury at work. Protecting your rights to workers’ compensation is paramount, and taking the following steps can help maximize your chances for a successful claim.
- File a report or notify your employer about your accident, injury or diagnosis as soon as possible (after seeking emergency medical treatment, if necessary). Your claim could be denied if you don’t report your injury within five days.
- Ensure you follow the proper reporting protocol with your particular employer. You’re also required to notify your employer if your injury will prevent you from working. Again, this action can protect your claim.
- You must also file a claim with the Alabama Department of Labor.
- And, of course, see your doctor as soon as possible and follow all after-care and medication instructions. Even seemingly minor injuries should be checked out and followed up on, as major symptoms may take longer to appear.
How a Gadsden workers’ compensation lawyer can help
Even though it’s not required to have an attorney for a workers’ compensation claim, having one on your side can provide skilled guidance and strategy. Because workers’ comp is a legally binding and complex process, your Gadsden attorney can assist with the necessary deadlines and paperwork. In the event your claim is denied, our legal team stands ready to help.
Reasons your workers’ compensation claim might be denied include:
- Not giving your employer notice of your accident or injury within the required time
- Failing a drug or alcohol test
- Not seeking medical treatment or timely medical treatment
- Suffering injury on the very first day of work
- Filing a claim after receiving warnings or being terminated
- Missing the deadline for filing a claim
- Having a pre-existing condition or injury
- Nobody witnessing your accident
- Injury didn’t occur at work
- Not using an authorized doctor
If your claim was denied, the attorneys at Mezrano Law Firm are happy to assist you in filing an appeal to secure the benefits you’ve worked for.
Your employer may also deny you workers’ compensation benefits for other reasons, or even retaliate against you for filing in the first place. Retaliation against an employee for filing is illegal, and your attorney can protect you. Our legal team is also well versed in the tactics employer’s insurance companies use to attempt to deny benefits – we have the strategies to fight them.
Tenacious Gadsden workers’ compensation attorneys
The workers’ comp lawyers at Mezrano Law Firm protect the rights of employees throughout Gadsden. We help file your claim accurately and on time, represent you if your claim is denied and stand by you throughout the entire process. You deserve your benefits and we’re here to help. Call us today at 205-206-6300 or fill out our contact form to set up a consultation at our Gadsden office.