Workers Compensation Attorney
Workers Comp | Retaliation | Wrongful Death
According to Alabama state law, the workers' compensation system was designed to ease financial hardship and provide necessary medical care to individuals suffering from a work-related illness or injury, or the work-related Wrongful Death of a loved one. Unfortunately, this process is extremely complicated and frustrating for employees, leaving them overwhelmed and undercompensated. If you have been injured at work, check here for the first steps you need to take.
The Alabama Workers' Compensation Act
Workers Comp cases are controlled by the Alabama Workers' Compensation Act. The Act is designed to provide medical treatment for work-related injuries, and when appropriate compensation benefits for disability. Proving that you are entitled to medical benefits and monetary compensation is streamlined, and, in return, there is a cap placed on the amount of money that can be recovered by an injured worker.
Workers' Compensation Benefits in Alabama
Workers' Compensation Claims operate differently than traditional personal injury claims, and the benefits, and the way that a monetary recovery is calcuated is one of the primary differences. The primary benefits available under the Alabama Workers' Compensation Act include the following:
Note that there is no relief available for pain and suffering or mental anguish. An injured worker is only compensated for the negative impact a work-related injury has made on the worker's ability to earn an income. Injured workers are compensated for diminished earning capacity.
Workers' Compensation Injuries
The type or nature of injury covered by the Alabama Workers' Compensation Act is broad in coverage. Common injury types include:
Can you sue your employer for negligence?
No. The injured worker is restricted to only the benefits that are payable under the Alabama Workers' Compensation Act. However, this does not mean that separate, or different defendants cannot be sued for negligence, such as:
- If the injured worker was involved in an auto accident - the negligent driver
- If the injured worker slipped and fell becuase of a separate or different company's negligence, then that other company may be sued for negligence
- If the injured workers was injured because of a defective product, then the manufacturer of the product
- Any co-employee who intentionally harmed the injured worker
- Any co-employee who intentionally removed a safety device that resulted in injury
In many cases, more than one potential defendant may be liable for your injuries and damages. These are referred to as "third party" claims. You are invited to contact me to hear more about which defendants should be included alongside your Workers' Compensation Claim.
Can you be fired for filing a Workers' Compensation Claim?
Technically, no. It undermines the effectiveness of the Alabama Workers' Compensation Act if injured workers are under threat of losing their jobs for filing a claim for workers' compensation benefits. If you feel you have been fired, or your supervisor is attempting to fire you, read more about Employer Retaliation here; or you are invited to contact me to discuss your claim further.
Looking for Workers Comp Answers?
Contact us for your FREE Case Evaluation and get the ANSWERS you're looking for.
Free Initial Strategy Session
All Initial Strategy Sessions are Free. If you would like to discuss your options, you are invited to fill out one of the Contact Forms. I will attempt to contact you if I think I can help you.
During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Wreck Accident, 18 Wheeler Accident, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:
- First - I will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
- Based on the information that you provide, I will give you my best advice on both what claims you have, and the next steps you should consider to proceed with your claim(s).
- If your claim is something that I think I can help you with, I will explain the services that I can provide for you, and what the next steps are that we should take. We will start working immediately.
- If your matter is something that I do not think I can help you with, then I will attempt to put you in contact with another lawyer that might be able to help you.
- Either way, what should happen is we will put to rest some of the unkowns that you may be experiencing. We will start to shed some light on what you can expect, and how to best pursue the benefits you deserve.
Contingency Fees | Alabama Workers Compensation
Claims for benfits under the Alabama Workers' Compensation Act are taken on a contingency fee rate of 15%, which means you don't have to pay me anything out-of-pocket. Contingency fee rates for other, or additional claims are set on a case-by-case basis. I typically cover expenses for you on the front-end on the condition that you pay me back out of your recovery. We will not have an attorney-client relationship until we both agree on the terms, but, any communication between us will still be protected as priviledged communication, even if we do not come to an agreement.
Don't delay getting the compensation you deserve!
Contact us today for your free Strategy Session!