What should I do if I’ve been injured on the job in Alabama

When you get hurt on the job, immediately notify your supervisor directly and seek medical attention. You can also inform your foreman or Human Resources Department. Ask for a written report of the accident and a copy for yourself.

How Long Do I Have to Report My Injury to My Employer?

In Alabama, you should report the injury to your employer within five days of the incident. However, you have up to 90 days to report an accident if your injuries prevent you from notifying your employer sooner. If you fail to report your injury within the state’s deadlines, your workers’ comp claim may be denied.

Should I Insist on Being Seen by a Doctor?

Even if you don’t think you’re hurt badly enough to go to an urgent care center, you should still get medical attention after any workplace injury for two critical reasons:

• You may be hurt more than you realize – Your body releases adrenaline after a shocking accident, which masks pain, gives you energy, and may make you feel unhurt.
• The doctor’s evaluation right after you’ve been hurt ties your injury directly to the workplace accident – You will need this proof to justify your workers’ compensation claim. Be sure to save all records of each doctor’s visit and related expenses.

Once you’ve been given medical treatment and an aftercare plan, it’s important to follow the plan to the letter. Failure to comply with your doctor’s orders and attend all follow-up medical appointments may jeopardize your workers’ comp claim.

Can My Employer Choose the Doctor I Have to Go To?

Except for initial emergency medical care, you must get treatment from an employer-approved physician or medical center. Your treating doctor must be on your employer’s approved list for your employer’s workers’ compensation insurance company to pay for your treatment.

What Benefits Can My Workers’ Compensation Pay?

Your benefits can include coverage of your medical expenses and wage replacement benefits if you miss more than three days of work to recover from your injuries. Surviving family members are also eligible to seek death benefits if a loved one dies because of a workplace accident.

To calculate your weekly compensation benefits, multiply your average weekly wage for the 52 weeks before the accident by 66.66 percent. However, there is a cap on the maximum weekly benefits. If your total is higher than the cap, you’ll receive the state maximum benefit amount each week.

Am I Still Entitled to Benefits If I Contributed to My Injury?

If one of the following circumstances applies in your case, then your benefits claim may be denied by the employer:

• You engaged in willful misconduct.
• You intended to injure or cause the death of yourself or another person.
• You failed to or refused to use safety gear and devices provided by your employer.
• You were under the influence of alcohol or drugs at the time of the accident.
• You were injured by a third party for personal reasons, not because of your employment or employer.
• You failed or willfully refused to perform a statutory duty.
• You willfully disregarded important safety policies, rules, or regulations set in place by the employer that you knew about.

However, some exceptions apply. For example, your Alabama workers’ comp lawyer may argue that your claim should be approved if you were never provided safety gear or weren’t made aware of certain safety protocols.

Can I Get Benefits If Another Party Who Was Not My Employer Caused My Injury?

In Alabama, an injured worker may seek compensation in a third-party action in addition to filing for workers’ comp benefits. For instance, you may be in an accident caused by a third party while you were either on your work site or acting in your job duties, like while driving for job-related reasons. If you were injured by a party that isn’t a fellow employee or your employer, you can also pursue a claim against the third party.

Third parties can include:

• A negligent vendor or subcontractor
• Another driver, if you’re involved in a car wreck
• The manufacturer of a defective piece of equipment
• A mechanic who improperly repaired the machine or equipment you were using when you got hurt

Third-party claims also include the option to seek compensation for pain and suffering and emotional trauma, not just your medical expenses and lost wages.

Is It Possible to Receive Both Workers’ Comp and Social Security Disability Benefits?

In some cases, you can file for Social Security Disability (SSD) benefits while you’re out of work for a workers’ comp-covered injury. However, filing for SSD can impact your workers’ comp benefits and vice-versa. You may benefit from legal advice about what to claim and when.

Is There a Statute of Limitations for Filing a Workers’ Compensation Benefits Claim?

Alabama’s statute of limitations on workers’ comp claim filing limits the amount of time you have to file your claim. You have two years from the date of the accident to file a claim. If you miss that deadline, your case will be dismissed.

Contact an Alabama Workers’ Compensation Lawyer

Do you need help pursuing a workers’ compensation claim? Have you had a valid claim denied by your employer or their insurance company? The team at Gartlan Injury Law can help. Contact us today for a free consultation with an experienced Alabama workers’ compensation attorney.

Visit Our Alabama Workers’ Compensation Law Offices

Aaron Gartlan

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.