Workers Compensation in Birmingham, AL
You aren’t alone if you ask “How does workers comp work?” Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Alabama state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Birmingham, AL workers’ compensation insurance and how the process works.
Workers Compensation Statistics In Birmingham, Alabama?
The US Bureau of Labor Statistics reported Alabama’s highest rate of nonfatal workplace injury and illness occurred in the education and health services sector. In addition, education and health services had the third highest total number of nonfatal workplace incidents. According to the City of Birmingham, the healthcare industry is the city’s largest industry. Moreover, residents are most likely to be employed in healthcare jobs. This could lead to higher rates of workplace injuries versus the State average.
How Does Workers Comp Work in Birmingham, Alabama?
Unfortunately, going through the process of applying for workers’ compensation begins with getting sick or injured on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim.
The Alabama Department of Labor stipulates that any business with five or more employees is required to have coverage. As well, the employer/carrier controls medical treatment and is responsible for paying injury-related medical bills. Employees living in Birmingham often receive treatment at The Workplace Occupational Health Clinic. The injured employee can typically receive compensation of 66 2/3% of their average weekly wage. However, compensation can be denied if the employee refuses to submit to a blood or urine test.
For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.
The steps you take immediately following a workplace incident in Birmingham, AL are critical for the purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay seeking help from a Birmingham, AL healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process. Having a proper medical report detailing the extent of the damage and how it occurred is the first step in the process. Your employer cannot file a claim with their insurance carrier without this information.
When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is either the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
The first report of an on-the-job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received, and the facilities that provided it. It’s always a good idea to bring a copy of the doctor’s report to submit with the report of injury.
Under Alabama’s Workers’ Compensation Law, a claim is filed by notifying the employer within five days of the injury and applying for benefits. Your employer then files the First Report of Injury, Supplement Report, and Claim Summary Form. The statute of limitations on a workers’ compensation claim in Alabama is two years from the date of injury. If your claim is denied, you can file a suit against the insurer at the Jefferson County Courthouse in Birmingham.
Timeline and Other Information
According to the Alabama Department of Labor, there is a 3-day waiting period to receive compensation. Also, the disability period starts on the 4th day of missed work. Compensation benefits should be paid within 30 days after becoming due. You will receive the 3 days back only if you are out of work for more than 21 days. Temporary total disability benefits are unlimited, but temporary partial disability benefits are limited to 300 weeks.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.
Why You Should Hire a Birmingham, Alabama Workers’ Compensation Lawyer
While workers’ compensation claims may be straightforward for some cases in Birmingham, Alabama, in others it may be more difficult. For example, your employer may decide to question whether you were hurt on the clock or your own time. It’s also common for a company to question the full extent of your injury. Hiring a Birmingham workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.
Work With an Experienced Local Lawyer In Birmingham, Alabama
If you are hurt or contract an illness as a result of your job in Birmingham, AL you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
