in Mobile, Alabama
We Can Help You Obtain Compensation If You Are Injured on the Job
Roger Varner Injury Law is a Mobile, Alabama, law practice that can represent you if you have sustained serious injuries in a workplace accident. In many cases, your employer is required to cover job-related accidents under its workers’ compensation policy. This includes both medical benefits to treat your injuries as well as wage replacement benefits to partially compensate you for lost income due to time missed from work.
In some cases, however, employers and the insurance companies may partially or completely deny a workers’ compensation claim. This means that as the injured worker, you need to take legal action to assert your rights. In addition, there are workplace accidents that are not necessarily covered by workers’ compensation, which means you may have the right to file a personal injury lawsuit against the responsible parties. Our Mobile-based personal injury firm can assist you with this and other legal issues arising from your workplace accident.
When Does Workers’ Compensation Cover a Workplace Accident in Mobile, Alabama?
Anytime that you are injured on the job, you need to inform your supervisor or boss as soon as possible. This is a critical first step in preserving your right to seek workers’ compensation benefits. Any delay in reporting an injury may be used as a pretext for denying or delaying your claim.
workers’ compensation is designed to provide no-fault benefits in the event of a workplace accident. This means that you do not have to prove your employer–or anyone else for that matter–was negligent. All you need to establish is that your injury was in fact the result of an accident, i.e., an unexpected or unforeseen event that suddenly happened.
Your accident must also arise out of and in the course of your employment. This means:
- There must be a relationship between your job and the accident.
- You must be performing your job or otherwise fulfilling some duty of employment when the accident occurred.
- The accident occurred when you were “on the clock”; that is, your accident did not occur in your off-hours or while you were commuting to or from your job site.
- The accident was not the result of your own misconduct, including drug or alcohol use.
- The accident was not the result of a deliberate act by a third party, including a co-worker, acting for purely personal reasons unrelated to your job.
- Your employer is actually required to carry workers’ compensation coverage; generally, Alabama requires all private employers with at least 5 employees to provide coverage.
As previously noted, you also have a legal duty to notify your employer as soon as possible following a workplace accident. Alabama workers’ compensation law normally requires notice within 5 days of the accident, but in no case can you let more than 90 days go by without providing notice.
What Benefits Can You Receive Following a Mobile, Alabama, Workplace Accident?
If your accident is covered by Alabama workers’ compensation, your employer is required to pay for any “reasonably necessary” health care that you require. This includes:
- medical, surgical, or chiropractic treatments;
- medication and medical supplies; and
- crutches, artificial limbs, or other apparatuses.
Your employer has the initial right to select your treating physician following a covered workplace accident. If you are dissatisfied with the doctor your employer selects, you have the right to object and select a different provider from a list selected by your employer. Keep in mind, however, that your employer can require you to undergo an examination as a condition of receiving workers’ compensation benefits.
In addition to paying for your medical care, your employer may also be liable for certain wage replacement benefits if you cannot return to work right away following your workplace accident. These benefits work as follows:
- There is a three-day “waiting period” for benefits. This means you generally will not receive any compensation for the first three days you miss from work. You are eligible to start receiving benefits on the fourth day missed from work. However, if you are unable to return to work for at least 21 days, you will receive retroactive compensation for the first three days missed.
- You will receive temporary total disability (TTD) benefits so long as you are unable to return to work at any level. TTD benefits are usually two-thirds of your average weekly wages prior to your workplace accident, subject to certain minimum and maximum levels set by Alabama law.
- If you are able to return to work but cannot earn as much as you did before your accident, you can receive temporary partial disability benefits for up to 300 weeks. These benefits are equal to two-thirds of the difference between what you earned before and after your workplace accident.
- Once your doctors conclude that you have reached your “maximum medical improvement,” you may receive permanent partial disability benefits if you continue to suffer a physical impairment from your accident. The exact amount of these benefits depends on the body part or system affected.
- If you are unable to return to work in any capacity, you are eligible for permanent total disability benefits. This basically entitles you to permanent partial disability benefits for the rest of your life.
- If you cannot return to your previous job following a workplace accident, you can ask for vocational rehabilitation benefits, i.e., retraining for a different job.
- If an employee dies as the result of a workplace accident, their surviving spouse and minor children are entitled to receive weekly death benefits for a period of up to 500 weeks.
What If My Workers’ Compensation Doesn’t Cover My Mobile, Alabama, Workplace Accident?
workers’ compensation generally prevents you from filing a personal injury lawsuit against your employer for a workplace accident. You can only seek compensation through the workers’ compensation system itself. But workers’ compensation does not apply to third parties whose negligence caused or contributed to your injuries.
Some common examples of third-party liability for workplace accidents include:
- You were making a delivery for your employer when your vehicle was struck by a negligent driver.
- You were performing work on a client’s property and were injured in a falling accident due to a hidden defective condition on the premises.
- You were intentionally injured by the criminal act of a person who came to your job site.
Unlike workers’ compensation, a personal injury claim allows you to seek full compensation for your lost income as well as damages for your ongoing pain and suffering and psychological trauma.
Roger Varner Injury Law Can Represent You Following a Workplace Accident in Mobile, Alabama
Even if workers’ compensation will cover most of your losses, your employer and their insurance company may still put up a fight when it comes to paying disability benefits. That is why it is essential to work with an experienced Mobile, Alabama, workplace accidents lawyer who will zealously defend your right to compensation.
At Roger Varner Injury Law, we represent Alabama workers who have been seriously injured in a variety of workplace accidents. We understand the difficulties you face in making ends meet when you are unable to work due to a serious injury. And that is why we will not let up on your employer or any other individual or business who is legally responsible for your losses. Call us today at (833) 482-7637 or send us a direct message to schedule a free, no-obligation consultation so we can learn more about your accident and how we can best help you and your family.
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- Auto accidents
- Birth Injuries
- Brain, Neck & Spinal Cord Injuries
- Defective Products Liability
- Dui accidents
- Dog Bites
- Hit and run accidents
- Taxi accidents
- Bicycle accidents
- Truck accidents
- Motorcycle accidents
- Commercial trucks or semi trailers
- Train accidents
- Bus accidents
- Pedestrian accidents
- Nursing Home Abuse
- Workplace Exposure
Can My Employer Fire Me or Otherwise Punish Me for Filing for Workers’ Compensation?
No, an employer cannot fire or punish an employee for filing for workers' compensation in Alabama. It is illegal for an employer to discriminate or retaliate against an employee for filing a workers' comp claim or for exercising their rights under the workers' compensation laws.
Am I Required to See a Doctor After a Motor Vehicle Collision?
It is highly recommended that you see a doctor after a motor vehicle collision, even if you do not feel injured. Some injuries, such as whiplash, may not be immediately apparent, and it is important to have a medical professional evaluate your condition to ensure that you receive the proper treatment. Additionally, in Alabama, in order to bring a claim for personal injury, you will need to have medical records to demonstrate that you were injured as a result of the collision.
How Do I Protect My Rights After Suffering an Injury in a Serious Accident?
To protect your rights after suffering an injury in a serious accident in Alabama, it is important to seek medical attention immediately, document the accident and your injuries, and consult with a personal injury attorney. Gathering evidence such as photographs, eyewitness statements, and police reports can help support your claim. It's also important to keep track of any expenses related to the accident, such as medical bills and lost wages. An attorney can help you navigate the legal process and ensure that your rights are protected every step of the way.