Decatur Workers’ Compensation Lawyer

Just like workers’ compensation in other states, Alabama workers’ comp is intended to simplify the process of recovering damages. In some instances, the system works how it is meant to, and injured workers will not need to hire an attorney. Unfortunately, claims involving a workplace injury can quickly become extremely complicated.

If you feel your case is being treated unfairly, we encourage you to enlist the help of a Decatur personal injury attorney from Mama Justice with a track record of successfully handling Alabama workers’ compensation claims.

It is not uncommon for insurance companies to deny claims unjustly in an attempt to avoid a payout. An Alabama workplace injury lawyer will know the most effective way to help you get the settlement you deserve so you can move forward with your life.

Generally speaking, you can collect Alabama workers’ comp for up to 300 weeks after a workplace accident for a permanent or temporary disability or until maximum medical improvement is reached, whichever comes first.

Maximum medical improvement is when a physician decides that you have reached a point where additional recovery is unlikely, and it is doubtful you will improve past this point. Maximum medical recovery does not indicate that an injured victim has made a complete recovery.

Following your accident, you could be rated as being permanently disabled, which means you won’t be able to work ever again. If this is the case, you could be entitled to collect weekly workers’ comp payments for two-thirds of your salary for the rest of your life. If someone dies due to a workplace accident, their beneficiaries may be entitled to collect payments for as long as 500 weeks and funeral and burial expenses.

Under some circumstances, an insurance carrier will reject your workers’ comp claim. The Alabama Department of Labor reported that there are several exceptions to these claims that often result in them being denied. For example, your claim could be rejected if you were:

• Not at the job site or not on the clock when your accident occurred
• Made redundant before the accident happened
• Determined to be under the influence of drugs or alcohol prior to your accident
• Performing a task outside the usual scope of your employment
• Not using the proper safety appliances and precautions provided by your job
• Your injury occurred more than two years ago

If you feel that your claim was denied without cause, you need to speak with our Decatur workers’ compensation attorneys. Our Alabama law firm has decades of experience helping our injured clients get the damages they are entitled to.

It is common for valid workers’ compensation claims to be denied. A reputable work-related injury attorney can help ensure that your claim is accepted. To help you collect financial compensation for lost wages and recover from your injuries, our Alabama workers’ comp attorneys will:

• Prove that you were injured while you were at work
• Handle all communications with the insurance company, other attorneys, and your employer
• Help you file a third-party claim for workers’ compensation if your job does not carry insurance
• Ensure that all deadlines are met
• Represent you at any hearings and in court

The Alabama Department of Labor says those workers who are injured on the job can receive the medical care and benefits that will allow them to make the fullest recovery possible. If your family member was killed in a workplace accident, workers’ compensation law in Alabama even has workers’ compensation benefits for the deceased’s dependents through death benefits.

Once a business reaches a certain size, employers are mandated to carry workers’ comp insurance. In Alabama, any employer with five or more employees is required to have workers’ compensation coverage. Certain employers, like those involved in construction or agricultural work, might be eligible to opt out of state workers’ comp programs.

The primary difference between a personal injury claim and a workers’ comp claim is that a personal injury claim is based on negligence, whereas a workers’ comp claim is not. When you file a personal injury claim, you must prove that the at-fault party’s negligence was the proximate cause of your injuries. A workers’ compensation claim only requires you to prove that you were injured on the job.

The other major difference between the two is that a personal injury claim allows the plaintiff to seek compensation for pain, suffering, emotional trauma, and, if applicable, punitive damages, none of which are available through workers’ compensation.

Our Alabama lawyers understand workers’ compensation law and can expound on the differences between the two types of claims and which is the most suitable for your case.

To be eligible to collect workers’ comp benefits, the employee’s injury must have occurred during the normal course of their duties. A few of the more common kinds of conditions or injuries that allow injured workers to be eligible for workers’ compensation benefits include:

• Injuries caused by an accident at work, such as electric shock or other workplace injuries
• Repetitive stress injuries, such as carpal tunnel syndrome
• Workplace illnesses, such as mesothelioma
• Emotional trauma, such as post-traumatic stress disorder
• The worsening of a pre-existing condition

Unlike a personal injury claim, negligence does not need to be established for a workers’ compensation claim to be valid. You can still be covered whether or not negligence played a role in your injury. You could still be covered even if you were partially liable for the accident that caused your injury.

The United States Department of Labor states that injured employees can receive multiple benefits from an injury claim. A Decatur workers’ compensation lawyer can review your case and advise you on what forms of compensation you will likely collect. This compensation could include:

Medical Expenses

Any expenses you have incurred relating to the care and treatment of your injuries, such as co-pays, surgeries, prescription medications, emergency room fees, etc., can be reimbursed via your workers’ comp benefits.

Vocational Rehabilitation Expenses

If your injuries have left you unable to perform the job you had before your accident, you might qualify for vocational rehabilitation. This is a rehabilitation service provided by the insurance carrier to assist you in finding another comparable job.

However, it is important to remember that the insurance carrier might try to cut off your workers’ comp benefits if they find out your employer offered you another job that you could have performed but turned down anyway.

Wage Reimbursement

According to the Alabama Department of Labor, workers’ compensation provides injured employees with about two-thirds of the income they lost while they were unable to work. There are some caps and limitations on the amount a worker can collect and the length of time for which they can obtain reimbursement for lost wages.