Prichard, AL Workers’ Comp Lawyers

Workplace injuries can strike any time in any industry, often leaving injured workers worrying about their income, job stability, and medical care. The workers’ compensation system aims to meet injured employees’ needs and help employers avoid personal injury claims. While the system is meant to be easy to navigate, employees often struggle to receive the benefits they deserve. If you’ve been injured at work in Prichard, it’s crucial that you know your rights and assert them.

We’re here to support you as you pursue the benefits you’re owed. If your workers’ compensation claim has been denied or your employer is refusing to file, turn to the team at Thiry & Caddell. Call us at 251-478-8880 to set up your consultation now.

Are You Entitled to Workers’ Comp?

If your injury occurred at work and during the course of your work duties, you are likely entitled to workers’ compensation benefits in Alabama. However, you must be classified as an employee. Independent contractors are not employees and as such cannot collect workers’ compensation.

There is an exception to this—if your workplace has misclassified you as an independent contractor but you fit the definition of an employee, you may be able to talk to an attorney and get workers’ comp benefits.

There are only a handful of situations in which an employee is not entitled to benefits. They include:

• Willful misconduct intending to harm the injured worker or someone else

• Willful refusal to use safety appliances provided by the employer

• Accident is a result of the employee’s drug or alcohol impairment

• Willful concealment of a health issue that is reinjured or aggravated by the work accident

Very few injuries actually fall into these categories, and even if your claim is denied by your employer or their insurance provider, you may still be entitled to benefits. It’s important to discuss your case with a Prichard workers’ compensation attorney before giving up.

What Workers’ Compensation Pays for in Alabama

The workers’ compensation program in Alabama covers specific benefits. Your employer’s workers’ comp insurance is required to pay for reasonable and necessary medical expenses associated with your injury. This includes everything from ambulance transportation and diagnostic testing to surgical treatment and ongoing checkups.

You can even be compensated for mileage reimbursement to and from appointments. Injured employees should not have any out-of-pocket expenses. Note that Alabama law gives employers the right to choose the employee’s treating physician. If that physician then refers the employee to another doctor, the employer must also cover the medical expenses associated with seeing that provider.

If you are unable to work as a result of your injury, you will be entitled to temporary total or partial disability benefits. Assuming you are completely unable to work, your weekly benefits will be up to 66 2/3% of your average weekly wage, based on your income the 52 weeks prior to your injury. There is a set minimum and maximum weekly payment that is recalculated each year.

For injuries occurring on or after July 1, 2023, the minimum weekly payment is $298 and the maximum weekly payment is $1,084. Your employer may also offer you light duty work that accommodates your injury-related limitations. If you are assigned to light duty and earn less than you did prior to your injury, you will receive 66 2/3% of the difference between the two until you return to work in your regular capacity.

What if your injury leaves you permanently disabled? Weekly benefits continue for the lifetime of the injury. Permanent partial disability is calculated based on the injured worker’s permanent partial disability rating. Permanent total disability is paid at the same rate as temporary total disability. While benefits can last the duration of the victim’s lifetime, their claim can also be paid out by a lump sum agreed upon by both parties.

Why Employers and Insurance Providers Deny Claims

If workers’ compensation covers almost all injuries that occur in the workplace, why do so many employees face barrier after barrier when seeking benefits? Workplace injury claims can cause a company’s insurance payments to increase, and insurance companies have an obvious financial interest in denying claims that they consider to be illegitimate.

Some of the most common reasons workers’ comp claims are denied include:

• Employee was impaired or refused a drug and alcohol screening: Under state law, employers can refuse claims if the employee refuses to consent to drug and alcohol screening. However, if the employee tests positive for a substance, that should not automatically mean that they lose benefits. The employer must prove that the injury was caused by the employee’s impairment. Consider this extreme example: an employee tests positive for a substance after a forklift driver gets distracted and plows into their workspace. While the employee was impaired, the accident was obviously the result of another employee’s negligence.

• There were no witnesses: This is not a valid reason to deny a claim, but many employers still try to use it as justification for a denial. Your work injury still qualifies for compensation even if no one else saw it happen.

• The injuries don’t align with the accident report: If the employee’s injuries could not have happened based on their retelling of the accident, the insurance company may try to deny the claim. They do this if they suspect that the employee was injured elsewhere and attempts to claim it as a workplace injury to have their care covered.

• Delayed injury report: You have two years from the date of injury to report it and start a claim.

How Thiry & Caddell Can Help You

At Thiry & Caddell, we understand how a workplace injury can cause significant stress, financial concerns, and anxiety. Our team has seen how employees’ workplace injury claims are wrongfully denied, leaving them without the medical care and disability benefits they deserve. We fight aggressively to help our clients get the benefits they are entitled to under Alabama state law. Whether your claim has been denied, your employer is refusing to file a claim for your injury, or your employer is trying to force you back to work before you are recovered, let us help.

Contact Us Today to Discuss Your Workers’ Comp Claim

If you’re experiencing pushback as a result of your workers’ compensation claim, let the team at Thiry & Caddell advocate for you. Set up your consultation right away by contacting us online or calling us at 251-478-8880.