Workers' Compensation Attorney in Birmingham

The first thing to figure out when dealing with an injury on the job is figuring out whether your company offers workers’ compensation insurance. By law in Alabama, the general rule is that any employer with five or more employees must offer workers’ comp.

If the company employs fewer, there is still the possibility that it offers the benefit, even if it's not required to by law. If your employer has workers’ compensation insurance and you’re injured on the job, you need to notify the company immediately — within five days, according to the law. At that point, either your employer, its insurance carrier, or a third party administrator fills out the First Report of Injury.

During this time, you’ll also need to get information from your employer about doctors it will be recommending you to visit for your injury. The waiting period for your workers’ compensation depends on how severe your trauma is. Generally, there is a three-day waiting period after the report of the injury, and on the fourth day, your compensation begins, ending on the 21st day.

If your injury is expected to keep you out of work for longer than 21 days, it’s possible to have the three-day waiting period waived and begin receiving benefits immediately.

There’s a lot that can go into filing a workers’ compensation claim — especially if your employer and its insurance are trying to avoid paying you the amount you need. Morgan & Morgan attorneys can help simplify the process for you and take on a lot of the responsibility of the claim while you recover. Here are some of the ways that our workers’ compensation attorneys can help:

• Explaining Your Rights: Our lawyers can help explain what your legal rights are during workers’ compensation claims. Your employer’s insurance company may not necessarily tell you everything that can be disclosed to you, or your employer might try to intimidate you into not filing a claim. We help you know what your rights are and what you can do to try to get compensation.

• Fill Out and Submit Paperwork: Sometimes, employers and their insurance companies will reject claims based on minor errors in a form. Our lawyers are well versed in the details small and large that go into these claims, and can get the technicalities right and help you avoid a mistake.

• Choose a Doctor: Your employer refers you to a doctor for your treatment, but if you are not satisfied with that doctor’s treatment, you’re allowed to ask your employer for a panel of four doctors to choose from. An attorney can help you decide on which of these physicians is most likely to give you adequate treatment.

• Appeal a Denied Claim: Your claim may not necessarily be approved, or the insurance company could give you less than what is needed for your recovery. In times like those, our lawyers are not afraid to take your case to court in a civil lawsuit. We can fill out the paperwork for this claim as well and gather the evidence needed to prove that you are entitled to compensation.

• Filing Third Party Lawsuits: There are occasional times when other parties are involved in your workers’ compensation case. An example of this would be if your on-the-job accident were caused by faulty equipment. In cases like that, you might have a third party lawsuit against the manufacturer of that equipment.

What you can get in workers’ compensation depends on the severity of your injury, how disabled it may have left you, and the different treatments you will need. Not only can you receive weekly compensation for your missed time at work, but if your claim goes through, your employer is responsible for paying for hospital visits and any medical, surgical, or chiropractic treatment that is seen as necessary, within reason.

If your injury leaves your body totally disabled, whether permanent or temporary, there is no limit on the number of weeks you could be awarded workers’ compensation. Partial disability, depending on how severe it is, could be given for up to 300 weeks. Should this workplace injury result in death, the employer could have to pay the family for funeral expenses totaling up to $6,500.

Getting hurt on the job is unfortunate. But it happens, and you shouldn’t have to suffer due to a big company’s attempts not to compensate you. If you’re looking for help with your workers’ compensation claim, contact us for a free case evaluation at no obligation.