When you suffer an injury in a workplace accident, it can be a devastating experience. Fortunately, Alabama's workers' compensation laws provide legal remedies for those who have been injured on the job. Through these laws, you may be eligible to receive monetary benefits for your lost wages and medical expenses as a means of financial support during this difficult time.
Common workplace injuries can be:
The workers’ compensation attorneys at Mezrano Law Firm are skilled in securing Montgomery workers the benefits and wages they need and deserve after suffering a workplace injury. Our decades of experience can help you with your initial claim or work with you on an appeal if your claim is denied. Contact us today.
You may be eligible for workers' compensation benefits if you have been injured while in Alabama. In order to qualify, your employer must provide workers' comp insurance, and the situation leading to your injuries must have been an unexpected, unforeseen workplace accident. You must also have been hurt while performing job-related tasks within the scope of your employment. Additionally, you must notify your employer and file a claim promptly in order to receive these benefits.
Under Alabama workers’ compensation rules, Montgomery employers with five or more employees must carry workers’ comp insurance in order to protect workers injured in on-the-job accidents or who have developed occupational illnesses. (Note that domestic workers, farm laborers, contract workers and temporary workers are typically not covered by workers’ compensation.)
This insurance provides medical care and partial wages for injured employees who cannot work. It also provides survivor benefits if an employee is killed on the job.
Workers’ comp is a no-fault system. What this means is that workers’ compensation insurance provides you – as an injured worker working in the scope of employment – a remedy without needing to establish that your employer was responsible for your injury. And, because you don’t have to prove fault, you agree not to bring a personal injury case against your employer.
For example, losses like pain and suffering or emotional distress are unavailable through workers’ comp. However, workers’ compensation does compensate for work-related injuries, medical care and two-thirds of your average weekly wage.
To qualify for workers’ compensation benefits, you must be a bona fide employee. This comes with two significant exceptions – crewmembers on vessels and railroad workers are not eligible for workers’ comp. Under federal law, these types of employees must use litigation instead. Other ineligible employees, as mentioned earlier, could include independent contractors or freelance employees.
And, even though workers’ compensation is designed to be no-fault, there are certain circumstances where an employee may be disqualified for benefits. The injured employee can be denied benefits if they were behaving recklessly at the time of the accident or were under the influence of drugs or alcohol. If you’re unsure whether you qualify for workers’ comp, talk to an experienced attorney for guidance.
Another essential thing to keep in mind is that workers’ comp insurance covers just about every major or minor injury or occupational illness, as long as it occurred during employment. Even a previous or chronic injury may be eligible, if your job has exacerbated or caused it to flare. Job-related injuries can also happen when you’re not on your job site or at your office – for example, during work travel.
Workers' compensation benefits in Alabama are designed to provide financial assistance to those injured while on the job. These benefits can help cover medical expenses, lost wages, and other costs associated with an injury or illness. The benefits available under Alabama workers' comp laws include medical care, disability payments, and death benefits.
Alabama workers' compensation is designed to cover the cost of all medical care that is necessary to treat work-related injuries. This includes expenses for:
Your employer's workers' compensation insurance carrier is allowed to control where you seek medical treatment by providing a list of pre-authorized physicians or medical groups. If you seek unauthorized treatment, you risk not being reimbursed.
Compensatory benefits are an important part of workers' compensation laws. They provide a way for injured workers to recover lost wages due to their injuries. In Alabama, these benefits are calculated by multiplying the worker's average weekly earnings for the 52 weeks prior to their injury by 66.66 percent. This amount must fall within the state's minimum and maximum amounts as allowed by law in order to receive weekly compensation.
In addition to indemnity benefits, there are other categories of compensatory benefits that may be applicable depending on the circumstances of the injury. These include:
Each of these has its own set of rules and restrictions that may affect how much a person is entitled to receive in terms of benefits. Injured workers need to understand their options when it comes to receiving compensatory benefits so they can make informed decisions about their cases.
Death benefits are a form of financial compensation for those who have lost a loved one in a workplace accident. These benefits are designed to help the dependents of the deceased cope with the financial burden that comes with such an unexpected loss.
The amount of death benefits are based on how many dependents the decedent had and can range from 50 percent (in the case of one dependent) or 66.66 percent (in the case of two or more dependents) of their average weekly earnings for up to 500 weeks. In cases where there are no dependents, the personal representative of the decedent's estate is eligible for $6,500 in death benefits.
These death benefits can provide much needed relief during this challenging time and can help to ensure that those left behind do not suffer financially due to their loss.
It is important to note that these benefits may take some time to process and receive, so it is important to be patient and understand that it may take some time before they are received. Additionally, it is essential to seek legal advice if you have any questions about eligibility for these death benefits or how they should be claimed.
Workplace accidents and injuries can happen at any moment, so it’s important to know what to do in order to protect your rights to benefits and file a successful claim. You may find the following steps helpful:
This is a crucial part of the workers’ comp process. Many employers and insurance companies attempt to deny claims if an employee’s injury wasn’t promptly or adequately reported.
When you first seek medical treatment for your injury, notify them it’s a job-related injury, and ensure it’s recorded explicitly in your medical notes.
Keep a diary, log or file of all your injury-related expenses, including mileage to and from doctors and hospitals. The more documentation you have regarding your work injury, the better.
A skilled Montgomery workers’ compensation lawyer can provide guidance and advice to give you the best chance at success with your claim.
Having a lawyer represent you for a workers’ comp claim is not required, but it’s recommended for several reasons. A lawyer can walk you through the claims process, warn of any potential pitfalls and help you reach a fair settlement. And trying to recover your benefits without a lawyer, especially in serious injuries or chronic conditions, can result in unnecessary delays or outright denials.
Your workers’ comp attorney can also assist you with:
Whether you’re wondering if you qualify for compensation or feel your employer’s insurance company is lowballing you, a lawyer can help you determine what you’re entitled to receive.
Even a small error in your paperwork can trigger a denial in benefits. An experienced attorney can help you ensure everything is filed correctly, error-free and on time.
Depending on your injuries or condition, you may qualify for additional benefits like Social Security Disability or other benefits. Your attorney can go over these details with you.
If your claim is denied or your compensation amount is changed, your attorney can help you appeal. Having an attorney on your side during this process is crucial to represent your best interests.
Other times you may benefit from working with a lawyer might be when an employer attempts to retaliate against you for filing for workers’ comp (which is illegal), or when your job tries to force you back to work before you’re fully healed.
And, even if your injuries are minor and you don’t feel you’ll need much time off, even a consultation with an attorney is prudent. Some injuries take longer to manifest in their severity and lead to higher medical bills in the future.
The cost of a workers' compensation lawyer depends on the complexity of the case and the number of hours that are required. Generally, most lawyers charge an hourly fee. Some offer flat fees or contingency fees if they believe they can win the case. At Mezrano Law Firm, we offer FREE consultations for all our lawyers. We offer free consultations for our:
Talk to the workers’ compensation lawyers at Mezrano Law Firm if you’ve suffered an injury on the job. We can help with everything workers’ comp related – from filing your claim to appealing denied claims to appearing at hearings. Our team works hard to get you the benefits you deserve.