Workers’ compensation protects people who get hurt doing their job by providing payment, according to the Alabama Department of Labor. Unfortunately, the system is not perfect, and claims are denied all the time. An attorney can help you appeal a denial.
Our workers’ compensation lawyers in Montgomery can help you protect your right to compensation. Even if your injuries are minor, you still have the right to claim compensation for your damages. We will help you get the maximum possible settlement.
How Can a Workers’ Compensation Attorney Help Me?
You may be wondering if it’s worth getting a lawyer for a worker’s comp claim. There are many ways an attorney with experience in workers’ compensation can help you, including:
- Claiming your benefits
- Helping you receive an appropriate settlement
- Extending your period of compensation
- Preventing workplace discrimination
- Seeking additional damages (e.g. mental anguish)
- Helping you file appeals
A lawyer can also protect you against retaliation practices like unlawful termination, a cut in your hours, and creating an unwelcome environment.
While you do not need a workers’ compensation attorney to file a claim, having one on your side shows your employer and their insurance company that you mean business. Choose one that practices in your state, and preferably one in your city if you can.
For a free legal consultation with a Workers' Compensation lawyer serving Montgomery, call 800-537-8185
What Are My Responsibilities in a Workers Compensation Claim in Alabama?
There are certain steps you must take to file a claim. Although there is no foolproof way to get your claim approved, following these steps can help you increase your chances of doing it the right way. These steps include:
- Telling your manager and HR about the injury
- Filling out an accident report to document the situation.
- Taking pictures of where the accident happened
- Seeking immediate medical attention for the injury
- Gathering medical records from your doctor
- Going to an approved doctor’s office, if required by your employer
- Contacting a workers’ compensation lawyer to help you through the process
Every workplace must post your responsibilities in a workers’ compensation claim on a labor poster. Be sure you follow them carefully so your claim won’t be denied. You can speak with a workers’ compensation lawyer in Montgomery if you have questions.
Reasons Your Claim May Have Been Denied
While many workers’ compensation cases do go smoothly, some people are not so lucky. Companies can choose to be uncooperative or deny your side of events. That’s the time you need an attorney with experience in workers’ compensation cases.
If your case results in a court hearing, the court will look at the facts of the matter. These include:
- Your injuries and their history
- The company’s liability and possible negligence
- Whether there is evidence you hurt yourself on purpose
- Whether previous injuries contributed to your current one
- Whether your injury prevents you from doing your job in the future.
- Determining whether you were intoxicated at the time of the incident
- Payment reports from your employer for determining compensation
If your case comes to a hearing, it’s your word against your employer’s, along with any attorneys you choose to hire. Proper documentation is so crucial to success. We can help you gather that documentation to prove you deserve to be paid.
How Long do I Have to File?
According to State Code 6-2-38, Alabama has a two-year statute of limitations on workers’ compensation claims. That two-year window begins as soon as you are injured. If you wait too long to file, your case may get thrown out.
The consequences of an injury may not appear for weeks after you were hurt, and may get worse if you continue working while injured. Speak with one of our Montgomery attorneys to get advice after an incident.
A Montgomery Workers Compensation Lawyer Is Ready for Your Case
Contact the Morris Bart law firm today to discuss the details of your case and find out if you have a valid claim for compensation. The sooner you reach out to us, the quicker we can start building a case on your behalf.
Our country and state’s workers’ protection laws were put in place to uphold the rights of people like you. If your rights have been violated, let us help.
to find a Morris Bart office near you.