Citronelle, AL Workers’ Comp Lawyers

Workplace injuries are unavoidable—no matter how careful you are, accidents happen. And when they do, you deserve fair compensation. Without fair compensation from your employer, you could be on the hook for thousands of dollars of medical care and the time you have to spend away from work. Generally, getting the benefits you’re entitled to is simple and straightforward. When your employer pushes back against your claim, though, you may need to advocate for yourself.

That’s where we step in to help. The team at Thiry & Caddell understands the pressure you’re under after a workplace injury, and we want to help you get the compensation you deserve. Give us a call at 251-478-8880 to schedule a meeting with us now.

The History of Workers’ Compensation

The workers’ compensation system, governed by the Workers Compensation Division of the Alabama Department of Labor, plays a crucial role in employee safety in the United States. Before the existence of workers’ compensation, injured employees were at a significant disadvantage when they were hurt at work.

If they wanted any shot at compensation, they had to go through lengthy legal battles to prove negligence on their employer’s part. If they were unsuccessful, they’d have to cover those expenses on their own and often lose their job. If they were successful, they’d perhaps recover compensation but still lose their job because they sued their employer.

The workers’ compensation system ensures that employees get the medical care they need without needing to prove their employer’s fault. On the flip side, workers’ compensation also protects employers from personal injury lawsuits—workers’ comp is an injured worker’s sole option for compensation from their employer.

Rights and Responsibilities Under Alabama Law

Alabama law outlines the rights and obligations of employees. When you are injured at work in Citronelle, you have the right to receive medical care paid for by your employer’s workers’ compensation insurance. You also have the right to receive partial compensation for lost wages if you are unable to work entirely or have to go on light duty because of your injuries.

You also have certain responsibilities. Failing to uphold these responsibilities could lead to your workers’ comp claim being denied. Workers are expected not to engage in willful misconduct with the intent of causing injury to themselves or others. They are also required not to be impaired by drugs or alcohol while working; if their employer can prove that their injury was caused by their impairment, it’s likely that no compensation will be awarded. Furthermore, an employee’s choice not to use safety gear or follow reasonable rules may result in their claim being denied.

Please note that your employer has to prove that you violated your responsibility as an employee in order to deny your workers’ comp claim. The burden of proof is on them, not you.

Your First Steps After a Workplace Injury in Citronelle

Taking appropriate measures after an injury can protect your claim and get you closer to the compensation you are owed. You should:

• Report the injury: As soon as you become aware of your injury, alert your immediate supervisor or manager. The sooner they know about your injury, the easier it is for them to pull surveillance footage, seek medical care for you, and talk to coworkers who observed the accident.

• Seek medical care: You should get checked out by a doctor as soon as possible. In Alabama, the employer or insurance carrier has the right to decide who treats the employee. Don’t see your own doctor in the hopes of having workers’ comp cover it; they likely won’t. If your injury is serious enough to be considered an emergency, you can go to the nearest emergency room. However, subsequent care must be provided by the physician of your employer’s choosing.

• Fill out all necessary paperwork: Most workplaces have protocols in place to deal with workplace injuries and workers’ compensation claims. Fill out this paperwork as soon as possible to streamline the process of your claim. Read everything you sign and ensure that you aren’t admitting guilt or waiving your right to compensation.

• Follow up with your employer: If you don’t hear anything more from your employer, follow up with them in a few days. There is a three-day waiting period before you receive income replacement benefits.

• Attend all doctors’ appointments and follow your treatment plan: The insurance company may push back against your workers’ compensation claim if you aren’t compliant with your treatment plan. Skipping appointments or failing to do physical therapy exercises could lead to denial of your claim. If you must cancel an appointment, reschedule it immediately to avoid other issues.

• Talk to an attorney if necessary: Perhaps your employer has told you your claim was denied, that you don’t qualify for workers’ comp benefits, or that your benefits are delayed. If this process lags or you are getting the runaround from your employer, it is a good time to talk to a Citronelle workers’ comp lawyer about your next steps.

How Thiry & Caddell Can Help You Pursue Compensation

The team at Thiry & Caddell understands how a workplace injury can cause your family significant stress. Losing income and worrying about medical bills can make your recovery even harder. If your employer is attempting to deny you workers’ compensation benefits, we’re ready to find out what’s happening behind the scenes and how we can protect your right to compensation. In some cases, employers are simply misinformed about what injuries are and are not covered. In others, their efforts are an intentional effort to minimize workers’ compensation claims and avoid higher insurance premiums. No matter what the situation is with your claim, we’ll advocate for you.

Struggling to Get Your Workers’ Comp Benefits? Call Thiry & Caddell

Have your workers’ compensation benefits been held up, even though you’ve cooperated every step of the way? Let’s discuss your options and how we can move forward. Set up a consultation with our team now by calling us at 251-478-8880 or reaching out online.