Workers' Compensation Lawyer: Huntsville, AL
Personal Injury Attorney Serving Huntsville & North Alabama Areas
Workers who are injured on the job may hesitate to file claims to get reimbursed for their medical expenses over fear of retaliation by their employers. We’re here to tell you that you deserve to be compensated for your injury, and to help defend you against both your employer and their insurance provider.
What is Workers' Compensation in Alabama?
Any business with five or more employers in Alabama is required to carry workers’ compensation insurance, with very few exceptions. If an employee is ever injured at work or while performing work duties, they can get compensation for their injury-related expenses through their employer’s workers’ compensation insurance.
If you are injured at work, you can’t sue your employer–you can only get compensation through a workers’ compensation claim. However, unlike in a typical personal injury claim, you don’t need to prove that your employer was negligent and that caused your injury. You only need to prove your injury occurred at work or while working, and to report the injury to your employer when it occurs or as soon you become aware of it (in the case of illness or slowly developing injuries) before filing a claim. It is even illegal for an employer to fire or retaliate against an employee for filing a workers’ compensation claim.
What are common injuries of a workers' compensation case in Alabama?
To qualify for workers’ compensation, an injury must be more serious than can be treated with a typical first aid kit. Injuries are classified into four categories:
Common examples of workplace injuries include:
- Temporary Partial Disability (you can continue to work limited hours while recovering),
- Temporary Total Disability (you are unable to work at all while recovering),
- Permanent partial disability (you can continue to work, but potentially not the work you did before the injury),
- and Permanent Total Disability (you are unable to do the work you did before, or any other type of work).
- Hearing loss
- Overextension injuries, including torn muscles and sprains
- Repetitive stress injuries, including carpal tunnel syndrome
- Allergic reactions
- Occupational diseases, including lung conditions
- Slip-and-fall/trip-and-fall injuries
- Injuries caused by falling objects
- Thermal and chemical burns
- Machinery accidents, including amputated body parts
- Mental injuries or disorders caused by the stress of a physical injury
What Recoveries can be made in a Workers' Compensation Case?
For non-emergency care, injured Alabama workers will need to get treatment by a doctor selected by their employer’s workers’ compensation provider. That said, workers’ compensation is responsible for paying for all reasonably necessary medical care, including:
- Doctor’s visits
- Diagnostic tests
- Hospital stays
- Prescription medication
- Physical therapy
- Gas costs incurred from traveling to medical appointments
- Vocational rehabilitation
- Disability benefits (typically two-thirds of your weekly wages, depending on your degree of disability)
Unlike other types of personal injury lawsuits, however, injured workers can’t recover non-economic damages, such as pain and suffering, in workers’ compensation claims.
However, if a third-party contributed to your injuries, you could also file a personal injury lawsuit. For example, a delivery driver who is involved in a car accident caused by someone else while making deliveries could file both a workers’ compensation claim against their employer and a personal injury claim against the person who caused the car accident and get compensation for pain and suffering that way.
How Long Do I Have to File a Workers' Compensation Claim in Alabama?
In Alabama, you have two (2) years from the date of your injury or first becoming aware of your injury to file a claim. However, this is only applicable if you have already reported the injury to your employer, and your employer has filled out a First Report of Injury form.
You need to report your injury to your employer within five (5) days of the injury occurring. If more than 90 days pass from the date of the injury without informing your employer, you lose all right to compensation.
What can Tyler Mann Do for My Workers' Compensation Case?
Your employer’s workers’ compensation provider may try to deny your claim by saying the injury didn’t occur at work, that it was a pre-existing condition, that you missed an important deadline for filing your claim, or for another reason.
At Tyler Mann Injury Law, we don’t let big insurance providers, business owners, corporations, or even the Louisiana workers’ compensation board bully injured workers. When you hire us, we will take every measure to argue your claim and get you the compensation you deserve, including handling the paperwork and communication with the insurance adjusters. And if your claim has already been denied, we will help you appeal and reopen your claim.