Alabama's Personal Injury Lawyer
Alabama's Personal Injury Lawyer

Alabama Workers' Compensation Lawyer

Workers' Compensation Lawyer

Protecting the rights of injured workers throughout Alabama

You can apply for workers' compensation benefits when you are hurt 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 cut off before fully recovering. If you need help, contacting a workers' compensation lawyer from Mezrano Law Firm is a significant first step.

Need legal assistance?

Call us at (205) 654-8146 24/7 to arrange to speak with a workers' compensation lawyer about your case, or contact us through the website today.

What is Workers’ Compensation?

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

The workers’ compensation program was designed to bargain between employers and workers. The employees are given a no-fault benefit program that covers their medical expenses and a partial wage replacement benefit when they have sustained an injury that will cause them to lose three or more days at work. In exchange, workers are barred from suing their employer for a workplace injury, even if the employer’s negligence caused it. Call one of our workers' compensation lawyers today if you or someone you love was injured from work-related duties.

Which 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’s website.

  • Medical benefits
  • Partial wage loss benefits
  • Death benefits include funeral expenses and weekly benefits paid to the dependents of a worker who dies within three years of a workplace accident or disease.
  • Burial expenses up to $6500, paid by the employer.
  • Temporary total benefits for workers who are disabled for a limited time.
  • Temporary partial benefits are for workers who can't perform regular tasks and must take on lighter-duty tasks while recovering.
  • Permanent partial benefits are for workers who are suffering from a permanent disability.
  • Permanent total benefits are for workers with a permanent disability who can't work.

Calculating Your Worker's Compensation Benefits

If you get hurt on the job and need to claim weekly benefits, you take your average weekly earnings for the last 52 months and then multiply it by 66 2/3. So, earning $400 a week, your weekly benefits should be about $268.

The other benefits are calculated like this:

  • Death benefits: 500 weeks
    • Weekly earnings x 50% for one dependent
    • Weekly earnings x 66 2/3% for two or more dependents
    • $7,500 one-time lump sum to the deceased’s estate (paid by the employer) in the event 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 claim?

When injured workers file a workers’ compensation claim, they will receive the benefits based on the injury and medical care.

Suppose the worker’s injury was caused by a negligent third party, such as the manufacturer of a defective tool. In that case, the worker might be able to file a third-party personal injury lawsuit. 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 at-fault party’s negligence was the direct cause of your injury. In a workers’ compensation claim, you must prove that the injury occurred while doing regular work tasks. Your Alabama workers’ compensation lawyers will explain how each works and which applies to your case.

Common Workplace Injuries in Alabama

In Alabama, there were 83 fatal workplace injuries in 2017, which is down by 17 from the previous year, according to the U.S. Bureau of Labor Statistics. .

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

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

  • Acts of violence
  • Repetitive motion injuries
  • Machine entanglement accidents
  • Transportation accidents
  • Falling objects injuries
  • Bodily reaction injuries
  • Slip, trip, and fall injuries caused by slippery floor surfaces, uneven floors, and debris on the floor
  • Overexertion injuries

What Are Some Examples of Occupational Diseases?

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

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

Suppose your disease or medical condition was caused by occupational exposure in your current job or a previous place of employment. In that case, an experienced Alabama workers’ compensation lawyer could fight for you.

Am I Required to Hire a Workers' Compensation Lawyer?

You are never required to hire a lawyer to represent you, but here are a few reasons 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 the misclassification of employees as contractors
  • Any other dispute related to your workers' compensation claim

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

How Does my Workers' Compensation Lawyer Get Paid?

A skilled workers' compensation attorney will meet with you for a free initial consultation to discuss your workplace injury or occupational disease case. If they agree to take your case, you are not required to pay a retainer fee upfront. Instead, the law firm will advance the costs of pursuing your case. If you win your case, your lawyer will get paid a 15% contingency fee from the total amount of your settlement or judgment, as stipulated in the Alabama Workers' Compensation Act. Other areas of practice that are contingency based are:

Alabama Workers' Compensation Lawyers Helping the Injured Get Back to Work.

Suppose you have been injured at work and are facing any dispute with your employer's workers' compensation insurer or with the Alabama Workers' Compensation Division. In that case, you will need experienced representation to level the playing field. Mezrano Law Firm can help you get the help you need. We represent clients injured in the workplace throughout the state with offices in Birmingham, Mobile, Florence, Gadsden, Montgomery, and Tuscaloosa.

You may schedule your free consultation to discuss your case with a skilled Alabama workers' compensation lawyer by calling 205-206-6300 or filling out our contact form today.

If you have a case, you have a lawyer. Contact us now to learn more about what we can do for you.

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