Employers have a responsibility to keep their employees safe from accidents and injuries. When an injury or work-related illness occurs, employees have a right to proper compensation. Nearly every employer in the U.S. is required to carry workers’ compensation insurance. According to the Alabama Department of Labor, this coverage is meant to protect people who are hurt on the job. Unfortunately, the workers’ compensation system isn’t perfect. There is a lot that can go wrong, and you may need to fight for the benefits you are entitled to by law. Further, practices like unlawful termination, reducing an employee’s hours, and employee intimidation are more common than people realize. At Weaver Tidmore, LLC, we take workplace accidents and the rights of injured workers seriously. If you were injured on the job, you need to speak with our Vestavia Hills workers’ compensation lawyers as soon as possible. Contact us today for a free consultation. In Alabama, the law requires that employers who have five or more employees carry workers’ compensation insurance to protect employees who suffer injuries on the job or who are diagnosed with occupational illnesses. There are a few exceptions, however. Farm laborers, domestic workers, temporary workers, and contract workers are typically not covered by workers’ compensation. Employers in the field of construction with at least one employee must have workers’ comp coverage. Workers’ compensation is a no-fault system, meaning an injured worker does not have to prove that their employer was at-fault and does not have to “sue” them to get benefits. In fact, you are not permitted to sue an employer under this system except in a few extreme types of cases. Workers’ compensation does not compensate for things like pain and suffering and emotional distress like a personal injury case, but there are other benefits available. With a workers’ compensation claim in Alabama, you are entitled to medical care related to your injury or occupational illness, partial wage replacement if you are unable to work, retraining when necessary, and payment of additional benefits if there is permanent disability. There are also survivor benefits through workers’ compensation if an employee is killed on the job. Workers’ compensation covers all medical bills associated with the injury. You are required to see a doctor approved by your workers’ compensation insurance provider. They are only required to pay for the services and treatments considered to be reasonable. In addition to your medical expenses, you will receive compensation for your lost income. After the three-day waiting period is over, you receive up to 66 2/3% of your average weekly wages until you return to work. As of July 2020, the maximum amount of workers’ compensation you can receive each week is $920. The minimum payable amount is $253. While workers’ compensation is a strong system that offers no-fault benefits to employees, it can also be frustrating to employees who are hurt through someone else’s negligence. They might want to get full compensation for lost wages and additional compensation for pain and suffering. Unfortunately, this is not possible under workers’ comp. However, there are other legal options under certain circumstances. If you were injured by a third party while working at a construction site, for example, you may be able to pursue a personal injury claim against the liable party. If a subcontractor, manufacturer, or other non-employer party is liable for your injuries, you may be able to file a third party claim against them. This covers a wide range of injuries, including those caused by falls, malfunctioning machines, and scaffolding collapses. A third-party claim is also an option if you are hit by a driver while working on a highway work zone. These accidents are far too common, thanks to careless and distracted drivers. Since drivers are not employed by your company, you can pursue compensation from their insurance company. As an employee of a covered business, you should be eligible for workers’ compensation benefits. The two exceptions to this are railroad workers and crewmembers on vessels, who must seek compensation through other means according to federal law. Even though workers’ compensation does not consider fault, an employee may be disqualified depending on the circumstances of the accident. For example, a workers’ compensation claim can be denied in Alabama if the employee was under the influence of alcohol or drugs or if they were behaving recklessly. As long as your injury or occupational illness occurred during your employment, it is generally covered by workers’ compensation. Even if a previous injury was exacerbated by work, it might be covered. If you are unclear about whether you qualify or workers’ compensation or have been told that you do not, speak with an experienced attorney about your situation. A work-related accident and injury can happen at any time, so it is vital that you know how to protect your interests. If you’ve been hurt on the job or have learned that you have an occupational illness, here are some of the steps you should take: Getting workers’ compensation should be easy and stress-free. After all, the system was designed to protect both employers and employees. Despite this, a surprising amount of injured employees encounter roadblocks while trying to get the benefits they are entitled to. Whether their employer refuses to submit a claim, the workers’ compensation insurance provider flags the claim, or payments are delayed, workers suffer when this happens. For more personalized help with your workers’ compensation claim, get in touch with Weaver Tidmore at 205-980-6065. Red Flags With Previous Claims The workers’ compensation insurance provider wants to avoid paying out fraudulent claims whenever possible. One way they do this is watching out for multiple claims from the same individual. Multiple injury reports from the same employee may indicate a clumsy or poorly trained employee, but it may also be a sign of an employee who is willing to game the system for time off. If you have had injuries before, do not be surprised if subsequent claims take longer to confirm or pay out. To move the insurance company along, you may want to communicate with a workers’ compensation attorney. Insufficient Proof of Your Accident Workers’ compensation claims often move along more quickly when accidents are witnessed by other employees or management. If your injury happened when you were alone and you have no one to corroborate your story, the insurance company may want extra time to verify your claim. Belief That the Accident Did Not Happen At Work This comes down to insurance companies wanting to limit payouts whenever they legally can. If there is any belief that an injury actually happened outside of work, the insurance company might take longer to investigate the injury and figure out if it truly happened in the workplace. This may occur if your injuries do not match the common injury pattern reported by those in your position, if your injuries allegedly occurred when you were doing tasks that aren’t usually your responsibility, or when medical reports indicate the injury is older than you claim. Claim Was Reported Too Late Employers have strict policies regarding accident reporting, and each state has time limits for filing workers’ compensation claims. If you do not report the accident to your employer or manager on time, they may be unable to get the paperwork submitted in time. Furthermore, reporting an accident too late makes it harder to verify that the accident actually happened at work. The investigation that follows could make it hard to claim your payment. That’s why it is important to tell your manager or supervisor right away when you are injured. This creates an immediate paper trail of your injury and eliminates unnecessary delays. Refusal of Medical Care Did you refuse medical care when you were injured, only to seek medical attention weeks later? Or perhaps you went to see a doctor but then did not follow their prescribed care plan. Either way, your workers’ compensation plan could be in danger. Part of workers’ compensation involves seeing approved medical care providers and following their instructions. If, for example, you injure your leg at work but then refuse to attend prescribed physical therapy appointments, your insurance company will be far less willing to pay you to stay home from work. Keep careful documentation of your care recommendations and follow them exactly. Your Employer Believes You Were Intoxicated If your employer thinks that you may have been under the influence of drugs or alcohol when the accident occurred, your injuries will likely be under investigation before you can get paid. This is why many employers require a drug and alcohol test immediately following a workplace accident. They may have stronger grounds for a claim denial if they can prove that you were impaired. Whatever the reason for a workers’ compensation claim denial, you depend on those funds to take care of your family. Hiring a workers’ compensation attorney can put pressure on the insurance company to approve your claim and give you money for your medical bills and wages. You are not required to have a lawyer to collect workers’ compensation benefits, but it is a good idea for several reasons. An experienced attorney can help you make sense of this complicated process, offer guidance when needed, and help you avoid common pitfalls. It is a sad reality that trying to collect benefits without legal counsel, particularly in cases where there has been a serious injury, can result in unnecessary delays or unjustified claim denials. Your workers’ compensation lawyer can help you with: You may also benefit from working with an attorney if your employer attempts to force you to return to work before you are healed or illegally fires you in retaliation for filing a claim. Even if you believe your injury is minor, some take a long time to heal and require extensive medical care. We also serve Tuscaloosa, and Guntersville. If you’ve been injured in the workplace, you may be confused about your rights in dealing with doctors, insurance company representatives, and HR managers. The claims process can be frustrating and often unfair to injured workers. If a third party was responsible for your injuries, you may be entitled to additional benefits, but no one is going to volunteer this information. At Weaver Tidmore, LLC, we understand you have a lot at stake and take pride in fighting aggressively for the rights of injured workers throughout Alabama. We offer free consultations and represent injury victims on a contingency fee basis to minimize your financial concerns. Contact us today at (205) 980-6065 to schedule an appointment.Vestavia Hills Workers’ Compensation Lawyers
What is Workers’ Compensation in Alabama?
Who is Entitled to Workers’ Compensation Benefits?
What to Do if You have Been Hurt on the Job
What Are The Most Common Reasons Workers’ Comp Claims Are Denied?
Benefits of Working With an Alabama Workers’ Compensation Attorney
Protect Your Rights! Speak With an Experienced Workplace Accident Attorney
Weaver Tidmore LLC Atty At Law – Birmingham Personal Injury Attorney
2820 Columbiana Road, Suite 100, Vestavia Hills, AL 35216 View Map
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