Contact an Experienced Work Injury Lawyer Today
After a workplace injury, follow these simple steps to protect your rights and preserve your claim for benefits.
- Report Your Accident in Writing. If you have a work email, this is the easiest way to document and prove that you notified your employer of the injury. Do not use hyperbole or exaggeration. Simply state in 3 to 4 sentences what happened. Your notice can be as simple as saying you were involved in an accident on a specific date, you suffered injuries, and you would like to seek medical attention right away. There are workers’ compensation forms you will also need to complete, but it would be best if you had an attorney before signing anything.
- Hire an Attorney. Do not delay. Talk to an experienced work injury lawyer right away. The sooner you have an attorney, the sooner you can avoid costly mistakes that could cost you and your family thousands in lost benefits.
- Follow Medical Recommendations. If the doctor puts you on a lifting restriction, follow this guidance on the job and off. Do not perform heavy lifting at home or at the gym. Remember that insurance companies routinely engage in covert surveillance to catch work comp recipients doing things they claim to be unable to do. If you have questions, call your attorney.
- Do Not Discuss Your Case. Aside from your attorney, do not talk to anyone about your case. Do not post things on social media, and keep your claim private. Insurance companies can take a harmless picture of you with friends at dinner and make it seem like you are cured and feeling great.
If you’ve been hurt at work, contact Gartlan Injury Law to schedule a free case consultation today.
Learn More About Our Firm {“@context”:”https://schema.org”,”@type”:”FAQPage”,”mainEntity”:[{“@type”:”Question”,”name”:”Reasons Insurers Give for Denied Claims”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Here are two of the more common tactics used, along with methods of combating them.\n\n* They Say You Are Not Actually an Employee – The first big defense is calling a worker an independent contractor. Often people are paid with a 1099 and labeled an independent contractor or subcontractor when really they have little to distinguish them from any other employee. The problem with this defense is it is often based on just the method of payment. Tax rules are very different from workers’ compensation laws. Just because an employer calls someone a contractor does not mean the person is exempt from compensation. Things that will be taken into consideration may include:\nHow much control did the employer assert over daily work?\nDid the worker wear a company uniform?\nDid the worker use the company’s tools and equipment?\nDid the worker have the ability to work for other companies or competitors?\nHow much independence did the worker have in performing duties?\n\n* They Try to Blame the Deceased Individual for the Accident – Another common tactic is to blame someone who died. The dead person has no ability to defend himself or herself and cannot testify. The insurance company will try to bring forth other people to testify and raise defenses, all the while knowing the decedent cannot speak up. The problem with this is twofold. First, there are rules of evidence that limit the ability of a witness to testify about what a deceased person said. Second, there are often a host of evidentiary items that can prove the case with or without a decedent’s testimony, such as business records, medical records, videos, and even past conduct. Ultimately a job injury attorney with years of experience handling these types of claims can help to protect you and your family from the tactics employed by insurance carriers who want to avoid paying your claim in full. \nContact Gartlan Injury Law today for more information or to schedule a free consultation with an attorney.”}},{“@type”:”Question”,”name”:”Who Is Entitled to Workers’ Compensation?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Alabama law strikes a balance between making employers pay for worker injuries and putting limits on the compensation workers can receive.\nThis is known as workers’ compensation. You generally do not get to sue your employer the same way you could sue someone else for hurting you. However, you are also not required to prove that your employer was at fault for the accident. Instead, you simply must prove that you were injured in the performance of your work duties.\nThis can get a little more complicated than it should be, however. There are also a number of specific exceptions when an employee may not be entitled to compensation, such as:\nEmployee’s willful misconduct\nWhen it is an intentional and personal act (fights between coworkers based on something that happened outside of work)\nIntentional self-harm\nEmployee impaired by drugs or alcohol\nEmployee failing to follow safety rules or laws\nThese are just a short list of the types of disqualifiers that may exist. Of course, you should always talk to an attorney about your specific case to be sure.\n”}},{“@type”:”Question”,”name”:”When Are You Entitled to More Than Workers’ Compensation?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”There are times when a third party (someone other than you or your employer) is responsible for a workplace accident. Some examples may include:\n\n* A car accident caused by a negligent driver\n* An injury caused by a subcontractor or different contractor company\n* A defective device made by another company\n* When some third party is responsible, you may actually have two separate cases – one against your employer for workers’ compensation benefits and one against the at-fault party for negligence.”}},{“@type”:”Question”,”name”:”What Compensation May You Be Entitled to Receive?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Unlike a typical personal injury case, a workers’ compensation case will compensate you based on a set of statutory guidelines that set forth the amount of money you can receive for your injuries. There is no jury, but rather the government agency will review the injuries to determine the statutory amount to award.\n\nThere are three calculations that need to be made in order to determine your compensation:\n\n* Your Average Weekly Wage for the Past 52 Weeks Prior to Injury. First, you must calculate your average weekly wage based on the last year of employment before your accident or injury. You can receive weekly compensation at a rate of 66.67% of your average weekly earnings for the last year before the accident or injury. However, payments cannot exceed the average maximum wage or fall below the average minimum wage, which are set forth by state law each year. See average weekly wages.\n* Whether Your Injury Is Permanent or Temporary. Next, you must determine if the injury is permanent or temporary. The difference will affect how long you receive payments.\n* Total or Partial Injury. Finally, you must determine if your injury is only partially disabling or if it is a total disability that affects your entire body or so significantly impairs you that there is little else you could do for work.\nHOW LONG YOU CAN BE COMPENSATED.\n\nIn general, you can receive compensation as follows. Just keep in mind these are subject to change, and the determination may not always be as clear as it seems.\n\n* Worker death: Maximum of 500 weeks\n* Permanent / Total Disability: Indefinite / unlimited payments possible\n* Temporary / Total Disability: Indefinite / unlimited payments possible\n* Permanent / Partial Disability: Maximum of 300 weeks\n* Temporary / Partial Disability: 300 weeks\nThe amount of compensation a family can receive for the death of a worker will depend on the number of surviving dependents.”}},{“@type”:”Question”,”name”:”How Long Do You Have to File a Workplace Injury Lawsuit?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”After an industrial accident or another work injury, you have very limited time to take action. In general, the Statute of Limitations is 2 years from the date of the injury.\n\nMore importantly, there are other deadlines that need to be understood. For instance, you are required to notify your employer of the injury immediately. This should happen as soon as possible. Many employers are clearly made aware of the injury but later claim to have no notice. Therefore, you should put it in writing, yet be careful to stick to just the facts. An attorney can help you with this as well.”}},{“@type”:”Question”,”name”:”Contact an Experienced Work Injury Lawyer Today”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”After a workplace injury, follow these simple steps to protect your rights and preserve your claim for benefits.\n\n* Report Your Accident in Writing. If you have a work email, this is the easiest way to document and prove that you notified your employer of the injury. Do not use hyperbole or exaggeration. Simply state in 3 to 4 sentences what happened. Your notice can be as simple as saying you were involved in an accident on a specific date, you suffered injuries, and you would like to seek medical attention right away. There are workers’ compensation forms you will also need to complete, but it would be best if you had an attorney before signing anything.\n* Hire an Attorney. Do not delay. Talk to an experienced work injury lawyer right away. The sooner you have an attorney, the sooner you can avoid costly mistakes that could cost you and your family thousands in lost benefits.\n* Follow Medical Recommendations. If the doctor puts you on a lifting restriction, follow this guidance on the job and off. Do not perform heavy lifting at home or at the gym. Remember that insurance companies routinely engage in covert surveillance to catch work comp recipients doing things they claim to be unable to do. If you have questions, call your attorney.\n* Do Not Discuss Your Case. Aside from your attorney, do not talk to anyone about your case. Do not post things on social media, and keep your claim private. Insurance companies can take a harmless picture of you with friends at dinner and make it seem like you are cured and feeling great.\nIf you’ve been hurt at work, contact Gartlan Injury Law to schedule a free case consultation today.\n\n”}}]}
