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The Alabama Workers Compensation Act
Under the Alabama Workers’ Compensation Act, an employee who has been injured on the job does not have to prove that any one was specifically at fault in the accident, or prove negligence against his employer. Although the law was designed to take the issue of work-related injuries out of the court system and to provide injured workers swift and sure relief for their injuries, unfortunately that is no longer the case. The cost of insurance that employers are required to carry keeps going up, and that gives employers an economic interest in denying your claim.
Belt & Bruner Workers Compensation Law Firm
The workers compensation attorney of Belt & Bruner will help you win your claim. We will do everything we can to help you and your family cut through the red tape and get the money you need from workers’ compensation right away. If you have been injured on the job, you should:
- Get medical attention if there is an emergency
- Report your injury as soon as possible by giving written notice to your supervisor or someone in a supervisory position. Failure to promptly give notice to your employer may affect your right to benefits. Your employer is not responsible for paying the medical treatment or wages until you give notice of the accident or disease.
- If you work for a subcontractor, you should promptly give written notice of your accident or occupational disease to your direct employer and the general contractor.
- Report all accidents even if the injury seems minor. A small injury can develop into a serious problem.
In ordered to be covered under the terms of the Alabama Workers’ Compensation Act, and accident must occur at work, or during a work related function; the accident must be caused by a specific work activity, and must happen suddenly at a specific time. Injuries incurred gradually or from repetitive stress or traumas are not covered. For example, if an employee lifts an object, and feels a sudden pain causing him an injury, and he can identify that specific incident, the claim will be covered. However, if an employee lifts objects for weeks at a time, and gradually develops back pain, that is not a specific injury at a specific time, and the injury would not be covered.
Our work injury lawyer can help work related injury claims typically covered by workers’ compensation include:
- Neck, back, and knee injuries
- Carpal tunnel / repetitive trauma injuries
- Hearing problems
- Work-related emotional problems
- Work-induced heart attack or stroke
- Occupational diseases such as asbestosis and dermatitis
- Asthma or other work related pulmonary conditions
- Loss of use of limbs
- Eye injuries
An occupational disease will be covered if it is caused by the work, and is not a disease of the back, neck, or spinal column.
The types of benefits available to claimants include payment for all medical treatment (prescriptions, supplies, equipment, hospital costs, doctor bills) and a portion of your weekly wages. Benefits for lost wages will vary depending on whether your injury is considered a temporary total disability or a permanent disability. Compensation is based on your average weekly wage (gross earnings before the accident or disease, usually during the preceding 52 weeks, and includes overtime and other benefits provided by the employer such as meals, uniform, car and housing allowances).
The Role of a Workers Compensation Attorney
An attorney qualified to interpret workers’ compensation laws will be able to provide legal guidance and assistance to ensure full recovery of all funds to which the injured worker is entitled. Your employer and its insurance company will always have an experienced attorney representing their interests. You will also be dealing with insurance adjusters who work for the insurance company and whose job it is to pay as little as possible.
Some of the issues associated with workers’ compensation claim include:
- Your employer can deny workers’ compensation claims.
- Employers can stop paying benefits.
- Employer fraud, which can cause workers to be cheated out of part of all of their workers’ compensation claims.
- Limitations to workers’ compensation laws and misunderstandings about what they mean.
A workers compensation attorney representing your interests will help you deal with these issues as well as many others, including returning to work and how your claim is impacted by pension benefits and unemployment compensation.
Speak with our Birmingham workers compensation lawyer at Belt & Bruner for a free consultation.
If you are suffering from a work related injury and would like to work with a caring, dedicated and experienced Birmingham work injury lawyer, contact Belt & Bruner. Our attorneys have years of experience handling workers compensation claims and can assist you in receiving the just compensation you deserve.
Our Alabama personal injury attorneys are ready to provide the one on one attention you need and deserve.
For your free workers compensation consultation with a Birmingham Workers Compensation Lawyer fill out our contact form or call us (toll free).