According to the Alabama Department of Labor, the highest workers’ compensation in Alabama is the average wage in the state. For injuries that occurred after July 1, 2021, the maximum is $983. The maximum in the previous period was $920.
When a worker suffers on-the-job injuries in Alabama, the state’s workers’ compensation laws provide for wage-replacement benefits. These benefits cover a portion of the employee’s average pay if they cannot work, usually about two-thirds. There is, however, a maximum benefit amount that the Alabama Department of Labor reevaluates each year based on the average wage statewide.
How do Wage Loss Benefits Work in Alabama?
Alabama workers’ compensation benefits include wage loss benefits that can come in several forms. The type that you receive will depend on:
- Your injuries
- Your prognosis
- When you can return to work
- If you can work at full capacity or require a more sedentary job
The types of wage-replacement benefits available in Alabama include:
- Temporary total disability
- Temporary partial disability
- Permanent partial disability
- Permanent total disability
Temporary total disability is the most common and what most people think of when considering workers’ compensation benefits.
Under the Alabama Workers’ Compensation Act, there are specific rules that apply to getting wage loss benefits after a work-related injury, including:
- You must wait four days before you receive any wage-loss benefits
- If you miss more than 21 days at work, you will receive payment for the initial three days the following day
- You may be able to receive partial disability for up to 300 weeks
- Total disability does not have a maximum time limit but could affect Social Security Disability and other benefits
Other Benefits You Could Receive Based on a Workers’ Compensation Claim
Wage-loss payments are not the only benefit available when you file for workers’ compensation in Alabama. This insurance should also cover your related medical care, including treatment, rehabilitation, and more.
Vocational rehabilitation is another workers’ compensation benefit available to injured workers who cannot return to their job and require new skills or need to brush up on their job skills after rehabilitation.
Those with catastrophic injuries may receive additional compensation. There is also a death benefit if the worker dies from their injuries.
For a free legal consultation, call (800) 537-8185
How do I File a Workers’ Compensation Claim in Alabama?
Under Alabama law, if your workplace has more than five employees, you should have access to workers’ compensation insurance. This includes all workers, whether full-time, seasonal, or part-time.
Workers’ compensation pays out after:
- A workplace accident with injuries
- The diagnosis of a work-related illness
- The diagnosis of a chronic use injury related to work
The purpose of this type of insurance is to ensure injured workers get the treatment they need and can continue to make ends meet while they are away from work. To file a claim after an injury, you can follow the process described by the Alabama Department of Labor.
In general, injured workers notify their employer of their injury, and they handle the claim. However, sometimes the employer refuses. When this occurs, the employee has two options:
- Hire an attorney to handle their claim
- Call the Alabama Department of Labor Workers’ Compensation Division and talk to an Examiner about their injuries
What If My Workers’ Compensation Claim Is Denied?
In some cases, a workers’ compensation claim does not go smoothly. Your employer could deny that your injuries occurred at work, the insurer could undercalculate your benefits, or you may need to appeal the decision about your claim. If you have questions or concerns about your claim, an Alabama workers’ compensation attorney may be able to help.
There are specific procedures and steps required to challenge a workers’ compensation denial or benefit amount. Working with an attorney will ensure you follow them. At the same time, you can focus on healing and recovering physically while your lawyer seeks the benefits you deserve or negotiates a settlement.
While you can handle this on your own, it can be challenging to build a case for benefits. You will need to provide evidence to support your claim, calculate the proper benefit amount, complete the appropriate paperwork, and take other steps to appeal a decision. This can be especially difficult when you are injured and do not have the financial resources to navigate the necessary process.
Get Help Today By Contacting the Office of a Workers’ Compensation Lawyer
The Morris Bart law firm handles Alabama workers’ compensation cases based on contingency. We provide free consultations and serve all areas of Alabama, including offices in Birmingham, Huntsville, Mobile, and Montgomery.
Call (800) 537-8185 today to speak with a team member about your options after an on-the-job accident and resulting injuries. We are here to help you.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.