Workers Compensation

DECATUR AL WORKER’S COMPENSATION ATTORNEY

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Attorney

Workers Compensation Lawyer

Have you been injured on the job in Alabama? Is your company or the workers compensation insurance company giving you the run around? If you have been injured on the job, the most important thing for you to do is to report the incident to your employer, fill out the appropriate forms and get the medical treatment that you need. The next step is to get legal advice from someone who is experienced in handling workers’ compensation matters so you can understand all of your rights and obligations related to filing for workers’ compensation.

If you have been injured on the job in Decatur, Cullman, Huntsville or Scottsboro, Alabama, and are looking for the best work injury lawyers you can find, you should contact attorney Randy Ferguson. Randy Ferguson is committed to seeing you get the help you need. We offer no obligation, Free Consultations to all injured workers and their families. Call 256-534-3435 or 256-350-7200. We are here to help.

An employer usually has to carry coverage for workers’ compensation, which will provide for those employees injured at work. Workers compensation benefits include:

  • Wage replacement: 2/3 of your average weekly wage in Alabama
  • Medical treatment: All medicals related to your work injury including doctors bills, hospital bills, surgery bills, prescriptions and mileage to the doctor. Medicals can be ordered to be paid for your entire life.
  • Permanent disability benefits: If your injuries are more comprehensive and long-lasting you may find yourself entitled to additional benefits for permanent impairments
  • Vocational rehabilitation
  • Impairment benefits
  • Death benefits

Although these are guaranteed benefits, that does not mean that your employer or their insurance company will make it easy. The workers compensation insurer and employer often will do everything they can do to make the process difficult.This is why it is important to get workers compensation insurance from a reputable company that will help to make this process easier and get you the money that you deserve from your claim.

How to File a Workers’ Compensation Claim

We have significant experience handling Alabama Workers’ Compensation claims. Even though you can file a workers’ compensation on your own, having a workers’ compensation attorney on your side can make the claims process easier. Consider these tips before filing your Alabama Workers’ Compensation claim:

    • Report the accident to your employer or supervisor immediately, even if you do not thin it is serious. It is mandatory that you report your injury within 5 days, or your claim can be denied. Be sure to report an injury to your employer even if you did not miss any work. Make sure the employer fills out a first report of injury form.
    • Go to a physician or occupational health group designated by your employer or their insurance company. The insurance company will not pay for any doctor you choose. They will pay if you are rushed to a hospital by ambulance. If you see your own doctor, you may not be compensated for those medical services.
      You should receive a letter, email or call from the employer’s insurance company.
    • Do not miss scheduled doctors appointments.
    • If you miss more than 3 days of work, you will start getting a check for temporary total disability. A designation of temporary total disability means you cannot work. Starting the fourth day of disability, you will be paid approximately 66 2/3 percent of your regular wage.
    • When you get the best your going to get, your doctor will place you at MMI, which means maximum medical improvement, then you probably will be eligible for compensation benefits based on an impairment rating or vocational disability rating if you are unable to return to work.

Can I Receive Treatment From My Regular Doctor?

The most frequent question we are asked by injured workers is can we go to our own doctors. The answer is no. You must go to the doctor picked by your employer or its workers’ compensation insurer. They will not pay for your doctor. If you are not satisfied with the the doctor your employer picked, you can ask for a second opinion, also called a panel of four. The employer or their insurance company must give you four doctors to choose from, a panel. The important thing to remember is this, you only get one second opinion. If the second doctor is worse than the first, you are stuck with the second doctor. Lastly, many insurance companies take their time in getting you your second opinion. If this is intentional or not is debatable.

Types of Workplace Injuries

Our workers compensation lawyers help clients who have suffered all types of work-related injuries, including:

  • Carpal tunnel injuries
  • Toxic exposure
  • Wrongful death
  • Heart attacks
  • Crush Injuries
  • Car accidents
  • Construction site accidents
  • Orthopedic injuries
  • Traumatic brain injuries
  • Back/Spine injuries
  • Falls
  • Heavy equipment malfunctions and mishaps
  • Dislocated bones
  • Dismemberment
  • Cuts/Lacerations
  • Nerve injuries
  • Burn injuries
  • Hearing loss
  • Loss of sight
  • Neck injuries
  • Broken bones
  • Slips and trips
  • Assaults or violent acts
  • Struck by objects

 

Workers’ Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary compensation; thus, eliminating the need for frivolous litigation. But sometimes companies and private employers subvert these laws and fail to pay sufficient money to those injured or disabled on the job. At the Law Offices of Ferguson & Ferguson, we have been aggressively, knowledgeably and effectively protecting the rights of injured workers for more than a decade in and around Huntsville, Alabama. Please call or contact us online to schedule a free initial consultation to discuss your concerns with an experienced Huntsville or Decatur, Alabama, workers’ compensation lawyer.

Medical Benefits

Workers’ compensation helps pay for any medical care that is reasonable and necessary to treat a work-related injury or illness in Alabama. All treatment must be provided by a doctor authorized by your employer’s insurance company. Workers’ compensation generally covers:

  • Hospital stays
  • Doctor appointments
  • Prescription medications
  • Surgeries
  • Medical testing
  • Physical therapy
  • Adaptive devices (wheelchairs, prostheses, etc.)
  • Travel costs for medical reasons

Most Dangerous Jobs

Workplace injuries can happen in any business. The most dangerous jobs include the following:

  • Construction
  • Electrical – contractors and installers
  • Agriculture – farmer or rancher
  • Chicken plants
  • Industrial/ Manufacturing
  • Steel and iron workers
  • Hospitality, grocery store and restaurant workers
  • Medical and nursing home workers
  • Transportation – truck driver

Worker’s Compensation Benefits

If you are injured on the job, you are entitled to worker’s compensation. The types of benefits available to claimants include payment for all medical treatment (prescriptions, supplies, equipment, hospital costs, doctor bills) and a portion of your weekly wages. Benefits for lost wages will vary depending on whether your injury is considered a temporary total disability or a permanent disability. Compensation is based on your average weekly wage (gross earnings before the accident or disease, usually during the preceding 52 weeks, and includes overtime and other benefits provided by the employer such as meals, uniform, car and housing allowances).

If you have been injured while working, you should contact a top workers compensation lawyer who is familiar with the Worker’s Compensation Act. Do not accept the insurance companies low ball offer. If you have been injured in a work related accident, call Ferguson & Ferguson for a free case evaluation. Workers’ compensation laws vary from state to state, as do the statutes of limitation for filing a claim. Consequently, it’s crucial that those filing a workers’ compensation claim work with experienced workers’ compensation attorneys for the best possible outcomes. Our Alabama workers compensation attorney can help you get the compensation you deserve.

Why Hire Huntsville Lawyers Ferguson & Ferguson

We are advocates for injured workers. In order to receive the benefits you need to pay your bills and provide for your family, you need to have a knowledgeable attorney on your side. An attorney can ensure that the calculations for your benefits are correct. The law states that you are entitled to be compensated based on the impairment on your ability to earn, not just your physical impairment rating that is usually given by the doctor. However, the insurance company may try to pay you solely based on your doctor’s physical impairment rating. That usually results in a much lower settlement offer. A lawyer can help your properly evaluate your case by taking ALL factors allowed by law into account.

Insurance companies and employers have experienced lawyers working for them, so don’t assume that they will offer a fair or adequate award for your injuries. You cannot afford not to have an attorney if you have suffered a permanent injury on the job. When you need an experienced attorney who knows the laws and is not afraid to stand up for your rights against your employer, call the workers compensation attorneys that mean business when they take your case. Call Ferguson & Ferguson at 534-3435 or 256-350-7200.

What About Independent Contractors?

Workers’ compensation is reserved for workers who are classified as employees. Independent contractors are not eligible for workers compensation. Often times you may have a decision between a personal injury vs workers comp claim. If you are injured by someone other than a co-worker, you may also have a third party or personal injury case. Almost always the personal injury claim is better for you. If you are injured while a subcontractor on someone else’s premises, you can sue the negligent premises owner who injured you.

Many employers call their employees independent contractors. They do this to get out of providing workers compensation benefits. This is common in the roofing, construction and yard maintenance industries. If you have questions about your employment status and whether you are an employee under the law, we can help.

The questions to ask includes the following:

      • Who sets your hours
      • Who directs you as to how to do your work
      • Who supplies the tools and equipment you use

What We Can Do To Help

The law offices of Ferguson and Ferguson takes pride in giving each client individual and personal attention.

      • We are committed to excellent client service.
      • You talk to attorneys not secretaries
      • We care about our clients, and have patience.
      • Free phone, office and hospital consultation 24/7
      • Locations near you
      • We answer all of our clients calls, or return them promptly.
      • We keep our clients informed of the status of their case.
      • We make sure that our clients understand each step of their case.
      • We will do everything possible to get you through this difficult time.

No Fee Unless We Win

If an on the job injury has rendered you unable to work, you need to know what your options are and if you have a valid Alabama workers’ comp case. Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need after being injured on the job. If we accept your case, our fee is contingent on a successful monetary recovery. We do not charge our clients any fees or costs unless we win their case, and we advance all costs necessary to pursue your claim. There are no hidden costs or upfront retainers. If we represent you in your claim, you will not pay unless we win your case. Call now if you have been injured. Call 256-534-3435 or 256-350-7200.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601

Our workers compensation attorneys serve every city and county in the State of Alabama. Contact Us for A Free Case Evaluation Today.