Huntsville Workers’ Comp Lawyers
Whether you are a construction worker, truck driver, or in an administrative position, you could incur an injury at work. It could be something as seemingly simple as a slip and fall. Or, it could be something as shocking as a workplace shooting. Whatever your circumstances, if you got hurt while on the job, you should speak to a lawyer about pursuing workers’ compensation benefits or a third-party claim. And if someone from outside of your job caused you harm, our Huntsville workers’ comp lawyers at Belt & Bruner, P.C. help.
To learn more about your rights after a work accident, call the Huntsville personal injury lawyers from Belt & Bruner, P.C. at (256) 513-6848, or contact us online to schedule a free, initial consultation.
Workers’ Compensation in Alabama
Alabama’s Workers’ Compensation Act is an insurance policy meant to pay benefits when you get hurt at work or are diagnosed with an occupational disease. Under the Act, Alabama employers with five or more full or part-time employees must provide coverage to all employees. This means that typically, only very small employers are not required to provide workers’ compensation insurance.
The law benefits employers by limiting their legal liability for workplace accidents and injuries. Workers who are eligible for workers’ comp benefits are usually not entitled to sue their employer. By carrying the insurance, employers limit the chance of going through costly litigation. However, there are exceptions to the rule.
Your Eligibility to File a Workers’ Comp Claim in Huntsville
Several factors determine whether you are eligible for workers’ comp benefits in Huntsville, including:
- Your employer carries workers’ comp coverage. If your employer does not provide workers’ comp, then there is no insurer to make a claim with. If you work for a company with five or more full/part-time workers, your employer must provide coverage. If your employer should provide workers’ comp insurance and does not, you should speak with our Huntsville workers’ comp lawyers right away.
- Your injuries arose out of an unforeseen incident. You had to be unexpectedly injured to file a workers’ comp claim. If the accident was a foreseeable result of your own misconduct, then your employer or its workers’ comp insurance provider may try to deny your claim.
- The accident arose out of the course of your job. The accident had to relate to your job duties in some way. Workers’ comp does not cover injuries sustained outside of work.
- You provided your employer proper notice of your injury. On-the-job injury claims require that you notify your employer of the accident and injuries as soon as possible. In most circumstances, you should inform your boss, supervisor, or manager within five days. If you wait more than 90 days to inform the business, it may try to deny your claim.
How to File a Huntsville Workers’ Compensation Claim
Once your employer has notice of your work-related injury or condition, you have begun your workers’ compensation claim. It is now your employer’s responsibility to file a First Report of Injury form with the state, and to notify the insurance provider. If you are concerned that your employer is delaying the process, contact our Huntsville workers’ comp lawyers right away for help.
Workers’ Compensation Benefits: Medical Care, Wage Benefits, Death Benefits
When you’re injured at work and file a workers’ compensation claim, you may be entitled to a number of benefits, such as:
One of the most important benefits of workers’ compensation insurance is medical coverage. If your claim is approved, then the workers’ comp insurance provider is required to cover all reasonably necessary medical care, which may include:
- Any emergency room/hospital visits
- Doctor’s appointments
- Medical supplies
- Physical therapy
However, there are restrictions to this medical care. Your employer can dictate where you receive care. When you notify your employer of your injury, you should ask which doctor to see. Then, when you visit this doctor, your insurance coverage is limited to reasonable medical procedures.
If you do not like the doctor you were told to visit, you can notify your employer in writing. The insurance provider must give you a list of several other doctors you can choose to work with for your care.
When you are hurt while on the job, you likely are out of work for weeks or months while you receive medical care and recover. Regardless of your situation, if your workers’ compensation claim is approved, you are entitled to weekly wage benefits.
Your compensation benefits are calculated by first determining your average weekly earnings for the 52 weeks prior to your injury. Then, you multiply your average weekly wage by 66.66 percent. If this calculation does not exceed the state’s minimum or maximum, then you will receive weekly compensation benefits.
If you were permanently or temporarily partially disabled from the work-related injury, you could receive wage benefits for up to 300 weeks. If you are temporarily or permanently totally disabled, you can receive compensation benefits for an unlimited amount of time.
If your spouse died in a workplace accident, you should work with a Huntsville workers’ comp lawyer to file a claim and seek death benefits.
If your claim is approved, you can receive up to $6,500 to cover the funeral and burial expenses. If your spouse left behind one dependent, then you may receive 50 percent of their average weekly wages. If your spouse left behind two or more dependents, then you may receive 66.66 percent of their average weekly wages.
Third-Party Claims Differ From Workers’ Comp Claims
Not all work-related injuries are caused by a co-worker. You can be hurt by an independent contractor or subcontractor, a worker from another business on the same worksite, or a pedestrian/stranger/driving who comes into your work environment without permission.
If someone from outside of your employer caused a workplace accident and your injuries, then contact the Huntsville workers’ comp lawyers from Belt & Bruner, P.C. to discuss pursuing compensation through a lawsuit.
By filing a third-party injury lawsuit, you have the chance to obtain the compensation you deserve. Our attorneys will fight for you to receive full and fair compensation for your:
- Medical costs
- Loss of earning capacity
- Physical pain
- Mental anguish
- Loss of quality of life
Call Our Huntsville Workers’ Comp Lawyers for Help
After you are hurt in a workplace accident or diagnosed with a work-related condition, you may not know what to do. You may not be sure of your rights or whether you can get workers’ comp. At Belt & Bruner, P.C., our Huntsville workers’ comp lawyers are here to answer all of your questions.
We will carefully review your circumstances and advise you of your right to workers’ compensation benefits or third-party claim compensation. We will then guide you through a workers’ comp claim and/or a third-party personal injury lawsuit.