Daphne, AL Workers’ Comp Lawyers
If you think you’re being mistreated in Daphne, AL, you should know how Alabama’s workers’ compensation system works. The system works to the benefit of both parties: the employee and the employer.
Prior to workers’ compensation, an employee would have to file a personal injury claim to get any compensation after a workplace injury. This involved proving negligence and often took a considerable amount of time, only for their claim to be unsuccessful. Workers’ compensation doesn’t require that you prove fault, and it guarantees specific benefits.
For employers, workers’ compensation protects against personal injury claims. If an employee’s injury is the fault of an employer or coworker, they can only go through the workers’ compensation system. They have no right to file a personal injury claim, which protects businesses from being bankrupt by one injury.
When you are injured at work, your employer’s workers’ comp policy pays for the medical care you receive for that injury. If you have to spend more than three days out of work because of your injury, they also pay out a partial wage benefit.
Your Responsibilities After a Workplace Injury
The workers’ compensation system requires that both sides fulfill certain obligations. After an injury, you must report it to your supervisor or manager within five days—however, reporting it as soon as possible is ideal. You should also seek medical treatment at a facility approved by your employer.
Local healthcare institutions include Thomas Hospital, Eastpointe Hospital, and Eastern Shore Urgent Care. Once you begin treatment, you must keep your employer informed of your progress, attend all medical appointments, and follow your doctor’s treatment plan.
What Alabama Workers’ Comp Covers
Per the Workers’ Compensation Division of the Alabama Department of Labor, there are many types of compensation available to injured employees. Some of the benefits provided include:
- Medical benefits
- 66 2/3% of an employee’s average weekly wages while they are unable to work, up to the maximum allowed by the state
- Burial expenses up to $6,500
- Temporary partial benefits for workers who temporarily must work on other assignments or are limited to light duty
- Temporary total disability for workers who cannot do any work short-term
- Permanent partial disability for employees whose ability to work is permanently decreased
- Permanent total disability for employees who can no longer work at all
The state’s minimum and maximum income replacement limits are set each calendar year.
Common Workplace Illnesses and Injuries
Workers in all industries are at risk of injuries and illnesses, but some maladies are more common than others. Commonly reported injuries include:
- Broken bones
- Cuts and infections
- Crush injuries
- Falls
- Traumatic brain injuries
- Muscles sprains and strains
- Spinal cord injuries
Some work environments also cause employees to develop occupational illnesses. These illnesses include:
- Chemical poisoning
- Mesothelioma caused by exposure to asbestos
- Stress-related injuries and mental health concerns
- Dermatitis caused by contact exposure to industrial chemicals and products
- Neurological disorders caused by ongoing exposure to certain toxins
- Industrial asthma
Proving that an occupational illness was caused by your line of work can be a challenge, and it is one of the reasons that workers’ comp claims can be denied. It’s important to keep thorough records of doctors’ appointments and symptoms to provide credibility to your injury claims.
When You Need a Workers’ Compensation Attorney in Daphne
You may wonder if you need a workers’ compensation attorney, especially if your claim seems to be going smoothly. For most people, a workers’ comp claim is easily filed and settled without the help of a lawyer. The majority of employers handle these claims ethically, paying out the proper compensation without making employees jump through hoops.
However, other employers and workers’ compensation providers make it very hard for employees to get the payments they’re owed. By discouraging employees from making accident reports, denying claims, or dragging out the process as long as possible, they limit their payouts and lower their premium costs for the next year. This leaves employees like you covering their own lost wages and medical bills out of pocket.
If you suspect that your claim is under stringent investigation or that your claim is going to be denied, it’s time to talk to an attorney about your options. This includes these situations:
- You’ve been formally informed that your workers’ compensation claim was denied
- Your employer is holding off on filing an official injury claim
- Your employer is encouraging you to use your own health insurance for a workplace injury or trying to pay out-of-pocket for your copay, rather than sending you through workers’ comp
- You are being followed by an investigator from the workers’ comp insurance company
- The company has repeatedly asked you if you were under the influence, if your injury is actually a preexisting injury, or if you intentionally caused the injury to get out of work
- Your supervisor has retaliated against you by cutting your hours, disciplining you more harshly or more often than your coworkers, or threatening you with termination
If your claim or your job is in jeopardy, it is definitely time to talk to a Daphne workers’ compensation attorney. We’ll advocate aggressively for you and pursue the compensation you deserve.
Start Now—Call Thiry & Caddell and Set Up an Appointment
Workers’ compensation claims can move quickly, so it’s important to set up your first consultation now. You can reach us online or at 251-336-3627. Our team is here to help you after your workplace injury. We serve clients in Daphne and communities throughout Baldwin County and Mobile County Alabama.
