Workers’ Comp Lawyer

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Hurt on the Job? Our Workers’ Compensation Lawyers Can Help.

Workplace injuries turn lives upside down. If you’ve been seriously hurt on the job, get the help of a Birmingham workers’ comp lawyer as soon as you can. An attorney who understands the workers’ comp insurance system can greatly increase your chances of having your initial claim accepted so that you can begin collecting wage replacement payments and other benefits right away. And if your claim isn’t accepted, we’ll fight for your rights throughout the appeals process.

Don’t miss out on getting the insurance benefits to which you are entitled. If you need help with the complicated filing process or have been denied the coverage you are due, we can help. Contact our experienced workers’ compensation lawyers today by calling (205) 322-3663. Our family-owned law firm has stood up for injured people for over 50 years. We can help you, too.

What You are Entitled to Under Workers’ Compensation in Alabama

Generally, private employers in Alabama with five or more full- or part-time employees must carry workers’ compensation insurance. The insurance covers employees injured in work-related accidents and by occupational illnesses. It provides benefits for:

  • A portion of weekly wages
  • Injury-related medical bills
  • Medical devices and equipment
  • Prescription and over-the-counter drugs
  • Mileage for trips to medical appointments
  • Rehabilitation services
  • Vocational training for injured workers who cannot perform their original jobs.

Workers’ compensation is a no-fault system, meaning you don’t have to prove negligence to get benefits. It is good for employers because they cannot be sued for on-the-job injuries when they provide workers’ comp. But for employees, while it may be a faster way of getting compensation for a workplace accident, workers’ compensation pays only a percentage of wages. This can make it hard for injured workers to make ends meet.

How Much Workers Get in Payments to Replace Lost Income

If you’re approved for workers’ comp, you will get 2/3 of your weekly wage up to a maximum of $920. Information from the Alabama Department of Labor shows that the length of time a worker can receive weekly payments is based on their level of injury and disability:

  • Permanent and total disability: Unlimited
  • Permanent partial body disability: Up to 500 weeks
  • Temporary total disability: Unlimited
  • Temporary partial disability: Up to 300 weeks

Wages and Other Benefits When a Worker Dies

When a covered employee dies due to a workplace accident or illness, their family members are also eligible for workers’ comp benefits. Death benefits include:

  • Payment of medical bills
  • Burial expenses of up to $6,500
  • Half of weekly wages if the employee had one dependent and 2/3 for two dependents, for up to 500 weeks
  • If the worker had no dependents, a lump sum payment of $7,500 will be made to the person’s estate.

What Workers’ Comp Lawyers in Birmingham, AL, Can Do for You

The workers’ comp filing process can be complicated and stressful. This is especially so when you are in pain from an injury or if you are grieving after losing a loved one. Our workers’ comp lawyers in Birmingham, AL, can ease the claim filing process for you. We can gather the evidence and ensure that you have all the information you need to make a successful claim. And if your employer and their insurance company try to deny you the benefits to which you are entitled, we will stand up to them on your behalf. Call us at (205) 322-3663 for help with your workers’ compensation claim.

Learn About Third-Party Legal Claims from a Birmingham Workers’ Comp Lawyer

When you’ve been injured on the job, workers’ comp may not be your only option for getting compensation. In some cases, you may also be able to file a personal injury lawsuit in addition to collecting workers’ comp.

For instance, you can sue a third party who negligently causes you harm at work. A third party is someone at the workplace who doesn’t work directly for your employer. It could be a contractor, supplier, vendor, product manufacturer or other party.

As one example, if you work for the power company and are repairing a power line within the scope of your employment, you may sue a negligent driver if he runs into your work truck and severely injures you in the process.

You may file a product liability claim against a manufacturer if malfunctioning machinery or a defective product caused your injuries. For example, a worker who becomes ill because of exposure to asbestos on the job may have a legal case against the product manufacturer.

Generally, under workers’ comp, you can’t sue a co-worker who works for the same employer and accidentally injures you if you were both performing your normal work duties. You may file a personal injury claim against your co-worker, though, if he intentionally caused your injury.

In a third-party liability claim, you can also ask for compensation for the physical pain and emotional suffering and other non-economic damages your injuries have caused you. Workers’ compensation does not pay for these types of damages. People who are not covered by workers’ compensation and who are injured in negligent accidents can also sue liable parties.

Our Workers’ Compensation Lawyers Will Work to Get You the Best Outcome

The Birmingham workers’ compensation lawyers at The Wininger Law Firm want to bring you the best financial resolution possible when you’ve been hurt on the job. We understand the claims process for both workers’ comp and third-party lawsuits and will actively seek to maximize compensation from each source available. Call our law firm today at (205) 322-3663 to schedule a consultation with an experienced and compassionate workers’ compensation attorney.

What to Do After an On-the-Job Injury

There are certain things to do after a workplace injury for your own health and well-being and to help prevent your claim from being denied. Insurance companies will look for any loophole they can find to avoid paying wages, medical treatment and other workers’ comp benefits.

  • Seek medical care. If you are severely injured, you will probably be taken by ambulance to a hospital so you will go where you are taken. Under workers’ comp in Alabama, if it is a non-emergency, you may have to see a doctor chosen by your employer and the insurance company. Be cooperative and go to the doctor that is chosen for you. If you are not happy with the doctor after your initial visit, you have the right to ask the insurance company for names of other providers.
  • Notify your employer about your injury or illness. By law, you generally have five days to report your injury accident or occupational illness. Obviously, though, depending on the extent of your injuries this may not be possible. But be sure to report no later than the 90-day mark or you may not be able to get workers’ comp benefits.
  • Gather evidence about the accident. Get statements or contact information from eyewitnesses. Take photos of the accident scene if you can. If your injuries are obvious, have someone photograph them. You might also consider keeping a journal or diary that describes your level of pain each day and how it has affected your life. This evidence may be beneficial in a workers’ comp or personal injury claim.
  • Keep track of your damages. This includes time you have missed at work, your medical expenses and any other costs of your injury.

Contact a Skilled Birmingham Workers’ Comp Lawyer

Also, contact a skilled Birmingham workers’ comp lawyer. Getting the money you need from workers’ comp can take a long time if your initial claim is denied. There is no workers’ comp “appeals agency” in Alabama. You can appeal medical benefit decisions only with the Alabama Department of Industrial Relations. For claim denials, you must file a lawsuit in state court against the insurer.

You’ll have the strongest chance of having your initial claim approved quickly if you get guidance about the filing process from an experienced attorney. And if you must take an insurer to court, you’ll almost surely want a workers’ comp attorney by your side during this complex legal process. Call us today by dialing (205) 322-3663.

Why Would a Workers’ Compensation Claim be Denied?

There are a variety of reasons a claim could be denied. Your claim could be denied if you don’t provide enough information or you make mistakes in filling out the filing paperwork. It can be denied if it’s determined that you were drinking or using drugs when the accident happened or if you engaged in willful misconduct. It could be denied if you knowingly ignored safety rules or refused to use safety equipment. Workers’ comp can also be denied if you don’t file within the two-year time frame for claiming benefits.

You can greatly increase your chances of getting workers’ compensation by speaking with an experienced Birmingham workers’ compensation attorney.

Get Help from an Experienced Birmingham Workers’ Compensation Attorney

Reach out to The Wininger Law Firm for a free consultation about your case by calling (205) 322-3663. We understand the financial distress that a delay in benefits causes. An experienced Birmingham workers’ compensation attorney from our firm is here for you when your life and livelihood have been negatively impacted. It’s important to contact us without delay. There are legal time limits that must be observed in order to receive compensation for your job-related injuries. We will advise you of those limits based on your unique case. Our knowledgeable attorneys will also counsel you about all your potential options for financial recovery.