Alabama Workers’ Compensation Attorney

What Does Workers’ Compensation Cover? 

Workers’ compensation coverage includes all medical expenses associated with your workplace accident, including ER costs, expenses for surgical procedures, rehabilitative therapies, physician costs, and prescription drugs. Income benefits under workers’ compensation are usually about two-thirds of your normal salary. If you have a partial or permanent disability, whether short-term or long-term, you could be paid a lump sum for the disability, as well as temporary disability coverage while you recuperate.  

As an example, if your accident resulted in the loss of three fingers, then under the Impairment Rating, you would be entitled to a specific sum of money. Occupational illnesses caused by workplace exposure to chemicals or other hazards entitle you to the costs of treating the resulting illness. If a workplace accident results in death, the survivors are entitled to funeral expenses, as well as continuing wages for the deceased worker.   

What Is Not Covered by Workers’ Compensation? 

While workers’ compensation covers most workplace-related injuries, there are some situations where workers’ compensation is unlikely to pay, including: 

• If you intentionally caused a workplace accident or the accident was the result of your intoxication then it is not covered under Alabama workers’ compensation.  
• When your drive to and from work is not considered a part of your actual employment, an injury during that commute is not covered under workers’ compensation.  
• If you were engaged in an illegal activity while at work then you would not be covered by your company’s workers’ compensation insurance.  
• “Horseplay” that leads to injury is generally not covered under workers’ compensation, although if another employee who was not involved in the horseplay is injured, his or her injuries would be covered.  
• If you are injured while violating your company’s protocols, procedures, or policies, your injuries are not covered.  
• After being terminated from your job, any injury will not be covered, unless it predated your termination.  

If your employer is claiming one of the above exceptions to deny your workers’ compensation benefits, but you believe that your claim is valid, contact a knowledgeable workers’ compensation attorney from the Carmichael Law Group. 

FAQs About Workers' Compensation Claims in Alabama

What should I do if my workers' compensation claim is denied?

You can file a complaint with the Alabama Department of Labor or pursue an appeal through the court system. Consulting with a workers’ compensation attorney can be beneficial.

Can I choose my own doctor for treatment?

In Alabama, your employer or their insurance carrier typically chooses the authorized treating physician. However, you may request a panel of four physicians from which you can select a different doctor if you're dissatisfied.

Will I get paid if I miss work because of my injury?

Yes. If your injury causes you to miss more than three days of work, you may be entitled to temporary total disability (TTD) benefits, typically calculated at two-thirds of your average weekly wage.

Can I be fired for filing a workers’ compensation claim in Alabama?

It is illegal for an employer to retaliate against you for filing a workers’ compensation claim. If you believe you were fired or treated unfairly due to your claim, you may have grounds for legal action.

What is the statute of limitations for filing a workers' compensation claim in Alabama?

You generally have two years from the date of the injury or the last payment of compensation (whichever is later) to file a formal claim.

Do I need an attorney to handle my workers’ comp case?

While not required, having an attorney can be very helpful—especially if your claim is denied, your benefits are delayed, or you have a complex or severe injury.

Do You Need a Workers’ Compensation Attorney? 

Many people injured in the workplace wonder whether they actually need a workers’ compensation attorney. While having a workers’ compensation attorney who will fight for your benefits is virtually always beneficial, the following situations necessitate the hiring of a workers’ compensation attorney: 

• Your benefits are being delayed or denied 
• You are Medicare-eligible or will be within thirty months 
• Your symptoms are worsening over time 
• You are being told by your employer that you are not entitled to workers’ compensation benefits 
• Your employer is accusing you of workers’ compensation fraud 
• You have a pre-existing condition 
• Your employer has asked you to undergo an Independent Medical Examination (IME) 
• You have serious injuries and a potential disability 
• Your employer is denying that your injury occurred in the workplace 
• There may be a third-party claim involved 
• You are facing workplace retaliation because of your workers’ compensation claim