Workers’ Compensation
If I am injured at work, what do I do next?
You should immediately contact a Workers’ Compensation Law Firm like the Walker Law Firm when injured on the job. Workers’ Compensation claims are often complex and require the skills of a trained attorney to protect your rights as an injured worker.
1. The Injury Must Be Reported
The very first step in any Workers’ Compensation claim is to notify your employer that you have been injured during the course of your employment and Alabama law requires that you notify your employer within 5 days of any work-related injury. You could suffer a loss of available benefits if you fail to report your injury before the passing of 90 days.
2. Filing your Claim
Once you have reported your injury to your employer, they will file a First Report of Injury form with their Workers’ Compensation Carrier and the insurance company will use this information to begin the process of investigating your claim and injury and deciding whether to approve or deny you benefits from the injury.
3. Medical Treatment for Workers’ Compensation Injury
The laws in Alabama allow your employer or their workers’ compensation insurance carrier the right to select your initial doctor for a claimed work related injury. Often times, at this first appointment, or if transported directly following the injury, you will receive a drug screen to see if you were under the influence of anything that could impair you at the time of the injury. If you are not satisfied by the quality of the care that you are receiving from this initial doctor, you have the right to request a change.
4. Disputes and/or Appeals
Many Workers’ Compensation claims are denied, as a result, sometimes you may disagree with a decision from the insurance carrier, or the amount of compensation that you are offered. If this occurs, you have the right to hire a skilled Workers’ Compensation Attorney and have a Judge in the county where your accident happened rule on your case. This process involves filing a claim in the Circuit Court, possible mediation, and a trial before the Judge (no jury) if the matter does not settle.
What Am I Entitled To If I Am Injured At Work?
Medical Benefits-All necessary treatment for the injury suffered in the course of your employment. Possible examples are listed below:
- Doctor visits (PTP)
- Prescription Medications
- Medical Devises such as crutches or wheelchairs
- Surgical Procedures and Hospital Stays
- Emergency room visits and transportation costs
- Diagnostic tests such as labs, X-rays, MRIs, or CT Scans
The costs for any of the above are typically paid for 100% by the employer or their Workers’ Compensation Insurance Carrier as long as you use their doctor or one approved and follow your doctors orders. You must also attend all medical appointments. If your injury prevents you from returning to work, you may be eligible for Permanent Disability Benefits in the form of Permanent Partial Disability (PPD) or Permanent Total Disability (PTD). We can address these types further with you should it become timely. If you can work but not the same type, you may be able to receive Vocational Rehabilitation which will help you return to work in a different capacity while maximizing your earning potential regardless of your injury.
