After an injury on the job, you may be facing significant injuries that will cause you to miss quite a bit of time at work. That is where workers’ compensation insurance helps. This 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. We know how to address some of the techniques that insurers use in these cases. Let us fight to protect your rights.
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’ comp 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 injury attorney can help you get a settlement that will let you move on from your accident.
For a free legal consultation with a Workers’ Compensation lawyer serving Birmingham, call 800-537-8185
Is My Employer 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. Should your loved one be 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.
The workers’ compensation program does not require a payroll deduction for the employee. Workers’ compensation should cover both full-time and part-time employees. If you’ve been in an accident at the workplace, your employer and their insurance company are obligated to compensate your damages.
Birmingham Workers’ Compensation Lawyer Near Me 800-537-8185
Can My Workers’ Comp Claim Be Denied?
There are certain situations in which an insurance company will deny your workers’ compensation claim. 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 prior to your accident
- Doing something outside of the scope of your work
If you have reason to believe your claim was unfairly denied, you should get in contact with a workers’ comp lawyer in Birmingham. Our firm has years of experience helping our clients get the settlements they deserve.
What Benefits You Can 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 from Morris Bart can assess your case and tell you what compensation you’re likely to receive.
Any costs you have accumulated for the care of your injuries may be reimbursed through workers’ compensation benefits. Your doctor should create a treatment plan, and you should follow that treatment plan to the end.
The insurance company will send you to an approved treating physician, but you may be referred to another physician. In that case, your employer must approve the new physician. You could also receive compensation for the costs of your travel to and from medical appointments, as long as you have documentation.
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, this service can backfire. 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.
Workers’ compensation gives you roughly two-thirds of your income that you have lost during the time you are missing work. There are limitations and caps on the amount you can receive and the amount of time during which you can receive wage reimbursement.
Once you return to work, if you are unable to work as many hours as you did before the accident, the workers’ compensation benefits also have an element that supplements you for a portion of the difference in your income level.
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Injuries That Qualify for Workers’ Compensation
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: An explosion, a falling object, a car accident, or some other type of sudden, unexpected event resulted in the injury for the employee.
- Repetitive motion: The worker suffers an injury because of the repeated physical motions required to do the job, which may eventually develop into tendonitis, back pain, stress fractures, or another injury.
- Illnesses: The worker develops an illness from exposure to certain environmental conditions or chemicals, even an illness as serious as cancer.
- Emotional stress: The worker was exposed to a stressful trauma, leading to an emotional or psychological condition.
- Aggravated pre-existing conditions: The employee may have had a previous injury or a minor condition that was made more serious through the conditions at work. However, workers’ compensation may reduce some of your benefits in a case like this.
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 are still covered.
Get a Free Consultation With a Birmingham Workers’ Compensation Lawyer
The attorneys at Morris Bart & Associates, LLC know the techniques insurance companies use when dealing with those involved in a workers’ compensation claim. Our Birmingham workers’ compensation lawyers 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 for free.
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