After an injury on the job, you may be facing significant injuries that will cause you to miss time at work, leading to lost wages and medical expenses. To recover some of these lost wages and damages, you can claim workers’ compensation.
Workers’ compensation coverage can provide you with a portion of your salary and cover your medical expenses while you recover.
If you are experiencing problems collecting your workers’ compensation, a Birmingham workers’ compensation lawyer can represent you to remedy the situation. At Morris Bart, we know how to fight for your rights by addressing some of the techniques that insurers use in these workplace cases.
How a Workers’ Compensation Claim Works
When you are injured at your workplace, you may be eligible to receive compensation for your lost wages and medical expenses that occur as you recover from your injury. To receive workers’ compensation, you must file a workers’ compensation claim and meet the Alabama Department of Labor’s specific criteria in order to be approved for workers’ compensation.
If your claim is accepted, you will receive a portion of your workers’ compensation damages. If your claim is denied, you can contact a lawyer to help you get your workers’ compensation from Birmingham workplace injuries. While insurers and employers sometimes make this process more difficult than it should be, an experienced workers’ compensation attorney can help you take steps to resolve any issues.
For a free legal consultation with a Workers’ Compensation lawyer serving Birmingham, call (205) 380-4158
How to File a Workers’ Compensation Claim in Birmingham, AL
Even though filling out paperwork is not your main priority after a traumatic workplace injury, it’s important to follow specific steps and deadlines to properly file your workers’ compensation claim in Birmingham.
Immediately Report the Workplace Injury
Whether it’s a slip-and-fall accident or another workplace injury, you must report your injury to your employer right away. The statute of limitations in Alabama grants you two years after the workplace injury takes place for you to apply for workers’ compensation, but you should still report the injury to your employer as soon as possible.
See a Doctor
To seek medical treatment and to record evidence, you should go to a medical professional immediately after the work-related injury takes place. The Alabama Department of Labor states that you should ask your employer which doctor to go to for your workplace injury, and then you should go to that specific doctor for treatment of your condition.
Fill Out the Workers’ Compensation Claim Forms
After seeing a doctor, you should fill out Alabama’s workers’ compensation claim forms. Your employer may provide you with paperwork. You can also go to Alabama’s Department of Labor website to fill out the workers’ compensation forms. Make sure you fill out the forms shortly after your injury, if possible.
Find Out if Your Claim Was Accepted
After filling out the necessary forms promptly, your employer will file the paperwork with the insurance company. Generally, within 14 to 30 days, you should find out if your workers’ compensation claim was accepted or denied.
You will either begin receiving compensation and return to work, or you should get a workers’ compensation attorney to help defend your case and get you the compensation you deserve.
Birmingham Workers’ Compensation FAQ
If you were injured in a workplace accident, you likely have several questions about how to navigate the claims process. A Birmingham workers’ compensation lawyer can provide the answers you need to ensure you remain informed.
Should I Get a Lawyer for My Workers’ Compensation Claim in Birmingham?
How Long Can You Draw Workers’ Comp in Alabama?
Can My Workers’ Compensation Claim Get Denied?
How Can a Workers’ Compensation Lawyer Help?
Is My Employer in Alabama Required to Provide Workers’ Compensation?
What Injuries Qualify for Workers’ Compensation in Birmingham?
What Benefits Can You Get for a Workplace Injury?
Should I Get a Lawyer for My Workers’ Compensation Claim?
In Alabama, workers’ compensation is meant to make the process of recovering damages easier. In some cases, that means workers who are injured don’t need to hire a lawyer. However, workplace injury cases can easily become complicated.
If any of these apply to you, you should seek the help of a Birmingham personal injury lawyer who handles workers’ compensation claims:
- Your claim is denied
- Your ability to do your job has been affected
- You have trouble getting your necessary treatment
- Your permanent disability rating is called into question
- You have a hearing for your workers’ compensation
There will be times when your employer’s insurance company does not want to give you the money you deserve. A Birmingham workplace injury attorney can help you get a settlement that will let you move on from your accident.
How Long Can You Draw Workers’ Compensation in Alabama?
Generally, you can draw workers’ compensation in Alabama for up to 300 weeks for temporary or total disability following a workplace accident or until you reach maximum medical improvement—whichever comes first.
Maximum medical improvement is reached when a doctor determines that you’ve gotten to a point where no further recovery is possible and you’re unlikely to get any better. It does not necessarily mean that you’ve made a full recovery.
In the event that you have permanent total disability, it would mean you are unable to ever work again. You could then receive workers’ compensation payments weekly for life. Should a loved one die as a result of a workplace injury, beneficiaries could be eligible to receive payments for up to 500 weeks, as well as burial expenses.
Can My Workers’ Compensation Claim Get Denied?
There are certain situations in which an insurance company will deny your workers’ compensation claim. According to the Alabama Department of Labor, there are some exceptions to workers’ compensation that can result in your claim getting denied. Your claim may be denied if you were:
- Not working or not on your job site at the time of your accident
- Terminated before your accident
- Using drugs or alcohol before your accident
- Doing something outside of the scope of your work
- Not using safety precautions and appliances provided by the employer
- If the injury happened over two years ago in Alabama
If you have reason to believe your claim was unfairly denied, you should get in contact with a workers’ compensation lawyer in Birmingham. Our firm has years of experience helping our clients get the settlements they deserve.
How Can a Workers’ Compensation Lawyer Help?
Unfortunately, many workers’ compensation claims are wrongfully denied. An experienced work-related injury lawyer can help your claim get accepted. To help you recover from workplace injuries and recoup lost wages, workers’ compensation attorneys can:
- Prove that your injury happened at work
- Handle all discussions with your employer, other lawyers, and insurance companies
- Help you file a third-party workers’ compensation claim if your workplace does not have insurance
- Meet all deadlines in this time-sensitive process
- Represent you in court and at hearings
Is My Employer in Alabama Required to Provide Workers’ Compensation?
According to the Alabama Department of Labor, those injured on the job may receive workers’ compensation benefits and medical attention to allow them to heal properly. If your loved one is killed on the job, the law also has benefits for the dependents of the deceased.
Employers of a certain size are required to carry workers’ compensation insurance. Any employer that has at least five employees must have workers’ compensation coverage in the state of Alabama. Some employers, such as those involved in agricultural work or construction, may be able to opt out of workers’ compensation programs.
What Injuries Qualify for Workers’ Compensation in Birmingham?
For an employee to be eligible for workers’ compensation benefits, the injury needed to occur from actions related to the normal course of work. A few specific types of injuries or conditions will allow you to be eligible to receive workers’ compensation benefits, including:
- Accident
- Repetitive motion
- Illnesses
- Emotional stress
- Aggravated pre-existing conditions
One item that does not need to be present for a workers’ compensation claim is negligence. You can get coverage whether negligence was involved in your injury or not. Even if you made a mistake that contributed to your injury, you may still be covered.
What Benefits Can You Get for a Workplace Injury?
According to the U.S. Department of Labor, injured workers can get multiple types of benefits from their injury claims. A workers’ compensation attorney in Birmingham can assess your case and tell you what compensation you’re likely to receive. Compensation may include:
Medical Bills
Any costs you have accumulated for the care of your injuries, potentially including travel to medical appointments, may be reimbursed through workers’ compensation benefits.
Vocational Rehabilitation Costs
If your injuries leave you unable to work for your employer at the job you held before, you may be eligible for vocational rehabilitation. This rehabilitation is a service the insurance company provides to help you find another job.
However, the insurance company may attempt to cut off your workers’ compensation benefits if it believes you did not accept a job that you could have taken.
Wage Reimbursement
Workers’ compensation gives you roughly two-thirds of your income that you have lost during the time you are missing work, according to the Alabama Department of Labor. There are limitations and caps on the amount you can receive and the amount of time during which you can receive wage reimbursement.
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Get a Free Consultation With a Birmingham Workers’ Compensation Lawyer
The attorneys at Morris Bart know the techniques insurance companies use when dealing with those involved in a workers’ compensation claim. Our Birmingham workers’ compensation attorneys know how to present the facts in your case while we negotiate with the insurance company.
If the insurer refuses to come to a settlement, we will remain on your side during a court case. Our attorneys work on a contingency fee basis, which means we don’t get paid unless you do. Contact us today to talk to a worker’s compensation lawyer in Birmingham for free.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.
