Workers Compensation

HUNTSVILLE WORKER’S COMPENSATION LAWYER

Decatur Worker’s Compensation Attorney

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Attorney

Workers Comp Lawyer Alabama

Have you been injured on the job in Alabama? Is your company or the worker’s 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.

What is Workers’ Compensation

Workers’ compensation in Alabama is a no fault system designed to aid employees who have suffered job-related injuries or illnesses. Employees who are injured at work receive benefits without proving their employer was at fault. This program provides a safety net for workers facing health issues due to their jobs. In Alabama, employers are required by law to provide workers’ compensation insurance if they have four or more employees, whether part-time or full-time. 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. If an injured worker cannot work because of their injury, they are entitled to income replacement benefits. These benefits are typically a percentage of the worker’s average weekly income, subject to minimum and maximum limits set by state law. As of July 1, 2023, the maximum workers’ compensation rate payable in Alabama increased to $1,084.00 per week, and the minimum rate rose to $298.00 per week.
  • 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. Depending on the severity of the injury, workers in Alabama may receive temporary or permanent disability benefits. Temporary disability benefits are available for those who are temporarily unable to work, while permanent disability benefits apply to more severe, often life injuries.
  • Vocational rehabilitation
  • Impairment benefits
  • Death benefits: Alabama’s workers’ compensation provides death benefits to the dependents of the deceased worker.(spouse and minor children) This includes funeral expenses and compensation to the dependents. For death claims, the calculation is based on the employee’s average weekly earnings before the accident and the number of dependents. The benefits are 50 percent of these earnings if there is one dependent and 66 2/3 percent for two or more dependents, subject to the maximum and minimum in effect on the date of injury. If the deceased employee had no dependents at the time of their death, a one-time lump sum payment of $7,500 is made to the deceased worker’s estate, but nothing else.

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 an Alabama workers comp 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 Alabama 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.

How Can a Worker’s Compensation Lawyer Help Me?

A Decatur Workers Comp Lawyer can provide valuable assistance if you are facing the aftermath of an injury sustained at your workplace. They specialize in helping individuals who have been involved in work accidents, suffered from occupational diseases, or experienced injuries as a result of their work. With their expertise, a Workers Comp Lawyer can guide you through the process of filing a workers’ compensation claim.

By working with a lawyer specializing in workers’ compensation, you can receive the support needed to navigate the complex legal proceedings involved in filing a claim. They will help you gather all the necessary documentation, ensuring that your claim is properly prepared and submitted. This includes gathering medical records, employment history, witness statements, and any other relevant evidence to support your case.

One of the key areas where a Workers Comp Lawyer can assist you is in securing essential benefits such as medical bill coverage, lost wages, and compensation for permanent disabilities resulting from a permanent injury. They will advocate on your behalf to ensure that you receive the full compensation you are entitled to under the law. Their knowledge of workers’ compensation laws and regulations will ensure that you understand your rights and options throughout the entire process.

Moreover, a Workers Comp Lawyer can represent your best interests during negotiations with insurance companies or employers. They will handle all communication, effectively advocating on your behalf to ensure you receive a fair and just settlement. In the event that a settlement cannot be reached through negotiation, a skilled lawyer can also represent you in court, providing you with courtroom expertise and increasing your chances of a favorable outcome.

If you are in need of assistance with your workers’ compensation claim, it is important to contact a reputable lawyer in Decatur, such as Randy Ferguson. With their experience and knowledge in this field, they can guide you through the entire process, from filing the initial claim to pursuing any necessary legal action.

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

Worker’s Compensation FAQ’S

1. How can I ensure that I am fully compensated for all financial losses from a job related accident?

When it comes to ensuring you receive full compensation for all financial losses from a job-related accident, having an attorney by your side is paramount. An experienced attorney can navigate the complexities of the law to ensure that the calculations for your benefits are accurate and fair. It’s important to note that the law entitles you to be compensated based on the impairment on your ability to earn, not solely based on the physical impairment rating given by your doctor. However, insurance companies may attempt to offer a lower settlement based solely on the doctor’s rating. At our firm, we understand the tactics employed by insurance companies and employers to minimize their financial responsibility. That’s why we take a thorough approach to evaluating your case, considering all factors allowed by law to properly assess the extent of your injuries and the resulting financial impact. We believe that you deserve to be fully compensated for all the losses you have suffered, including medical bills and lost income. We know that insurance companies and employers have skilled attorneys advocating for their interests, which is why it is crucial to have a strong legal advocate on your side. Our team of workers’ compensation attorneys is not afraid to stand up for your rights against your employer. We have a deep understanding of the laws governing workers’ compensation and will fight tirelessly to ensure you receive fair and adequate compensation for your permanent injury on the job. Don’t underestimate the value of having an attorney who knows the ins and outs of workers’ compensation laws. We will work diligently to counter any attempts to offer an insufficient settlement and will not hesitate to take your case to trial if necessary. When you choose us, you can rest assured that we mean business when it comes to fighting for your rights and securing the full compensation you deserve.”

2. Can I seek compensation for for lost wages, injuries, pain and suffering, and medical expenses if the party responsible for my injury is someone other than my employer?

Workers’ compensation benefits typically cover wage replacement, medical treatment, permanent disability benefits, vocational rehabilitation, impairment benefits, and death benefits. However, it is important to note that these benefits are guaranteed by law for injuries that occur at work. If the responsible party for your injury is someone other than your employer, seeking compensation for lost wages, injuries, pain and suffering, and medical expenses may require a different legal process. Even though workers’ compensation may not directly address seeking compensation from a third-party, there may still be a possibility of recovering these damages. If another company or subcontractor is responsible for the injury, there may be a chance to seek compensation beyond workers’ compensation benefits. Suing your own employer after an on-the-job accident is generally not allowed, but in cases involving third-party liability, pursuing a claim against the responsible party is a potential option. To navigate this process effectively, it is advisable to consult with a workers’ compensation attorney who can provide guidance on the specific legal steps required to pursue compensation from the responsible party.

3. What are the available workers’ comp benefits for injured employees in Huntsville, Alabama?

The different categories of workers’ compensation benefits available in Huntsville, Alabama are Medical Benefits, Compensatory Benefits, and Death Benefits.

Compensatory benefits provide compensation for lost wages due to missed work and permanent disability related to a work injury. These benefits are based on a percentage of your Average Weekly Wage (“AWW”);

Death benefits for dependents of a deceased worker are determined based on Alabama’s Workers’ Compensation Law. The law provides a schedule for payment of death benefits to dependents who were wholly or partially dependent on the deceased worker. The benefits may include funeral expenses and ongoing benefits for up to 500 weeks or until remarriage, as specified in the schedule.

Under the category of Medical Benefits, the benefits include coverage for necessary medical care, rehabilitation related to a work injury or occupational illness, and vocational rehabilitation to restore a worker to gainful employment. Compensatory Benefits provide compensation for lost wages due to missed work and permanent disability related to a work injury. Death Benefits are paid to the dependents of a worker who dies within three years of a work-related accident, including funeral expenses and ongoing benefits for up to 500 weeks or until remarriage.

4. What happens if an employee refuses to cooperate with a drug or alcohol screening test?

If an employee refuses to cooperate with a drug or alcohol screening test, their workers’ compensation claim may be denied. It is crucial for employees to comply with these tests as part of the claims process to avoid potential claim denial.

5. What happens if an employee is intoxicated, under the influence of illegal drugs, or engages in other willful conduct resulting in a work-related injury?

Workers who sustain an injury on the job due to being intoxicated, under the influence of illegal drugs, or engaging in other willful conduct may forfeit their right to workers’ compensation benefits. Such actions could impact the employee’s eligibility for compensation.

6. What happens if an employee refuses to comply with the treatment plan prescribed by the doctor?

If an employee refuses to comply with the treatment plan prescribed by the doctor, their right to compensation may be suspended. It is important for employees to follow the prescribed treatment plan to ensure their eligibility for compensation benefits.

7. Can a medical provider bill an employee separately for authorized treatment for a workplace injury?

No, a medical provider cannot bill the employee separately for authorized treatment related to a workplace injury. The employer is responsible for paying the medical bills associated with work-related injuries.

8.  What steps should you take after suffering a work-related injury?
It is vitally important to report your work-related injury immediately by giving written notice to your supervisor or someone in a supervisory position within five days. After reporting your work-related injury, you have the right to ask your supervisor or employer to provide a doctor to treat your injury.
9. What are the costs associated with hiring a lawyer for a worker’s compensation case?
When it comes to hiring a lawyer for a workers’ compensation case, you can rest assured that there are no upfront costs on your part. We bear the responsibility of covering all initial expenses, ensuring that you will not have to pay anything unless we successfully win your case. It’s important to note that in Alabama, the attorney’s fees for workers’ compensation cases are regulated by law, providing further protection and limiting potential costs for you.
10. What should I do if negotiations for a fair settlement fail and I need to go to trial?
If you find yourself in a situation where negotiations for a fair settlement in your workers’ compensation case fall through, it may be necessary to proceed to trial. In such circumstances, our team of knowledgeable Alabama workers’ compensation lawyers will be by your side, committed to advocating for your rights. We understand the importance of your case and will not hesitate to take your matter to trial if required. Rest assured, we will vigorously pursue a just resolution on your behalf. To discuss your specific situation and explore your options, please don’t hesitate to get in touch with us today at 256-534-3435.
11. Should I accept a quick settlement offer from my employers workers’ compensation insurance company after a work-related accident?
Deciding whether to accept a quick settlement offer from your employer’s workers’ compensation insurance company after a work-related accident requires careful consideration. Accepting such an offer without fully understanding the extent of your injuries may not be in your best interest. Typically, soon after your accident, lawyers representing the insurance company may approach you with a swift settlement. It’s important to recognize that their primary objective is to minimize the amount of money the insurance company has to pay out.
To make an informed decision, it is advisable to consult with a lawyer who specializes in workers’ compensation cases. By reaching out to experienced professionals like Ferguson & Ferguson, you can gain valuable insights into your legal rights and the various tactics that insurance companies employ to push for quick settlements with lower compensation.
While the allure of a speedy resolution may be tempting, understanding the full extent of your injuries and their potential long-term effects is crucial. Accepting a quick settlement offer deprives you of the opportunity to assess the true value of your case. Your injuries may require ongoing medical treatment, rehabilitation, or even result in a permanent disability that could significantly impact your future earnings and quality of life.
By seeking legal guidance, you ensure that your interests are protected. A skilled workers’ compensation lawyer will review the details of your case, assess the adequacy of the settlement offer, and provide advice tailored to your specific circumstances. They will fight on your behalf to ensure that you receive the fair compensation you deserve for your medical expenses, lost wages, pain, suffering, and any other applicable damages.
To make the most informed decision regarding your workers’ compensation claim, it is prudent to consult with legal professionals who possess the necessary expertise and experience in dealing with insurance companies’ tactics. Remember, your well-being and future financial stability may depend on the choices you make.
12. What is subrogation and how does it relate to worker’s compensation benefits?
Subrogation, in the context of workers’ compensation benefits, refers to the process in which an employer seeks reimbursement for the expenses incurred while providing medical treatment and vocational retraining to an employee who later collects compensation for their injuries through a third-party lawsuit. It essentially allows the employer to recover the costs they have already paid out on behalf of the employee.
When an employee receives workers’ compensation benefits, their employer assumes the responsibility of covering their medical expenses and any required vocational retraining. However, in situations where the employee’s injuries were caused by a third-party, such as the negligence of another person or a defective product, the employee may be entitled to additional compensation by filing a lawsuit against that party.
In such cases, subrogation comes into play. The employer has the right to assert their claim for reimbursement from any settlement or award the employee receives from the third-party lawsuit. This is because, as the party that initially paid for the employee’s medical and vocational retraining expenses, the employer should not be financially burdened if the employee recovers additional funds from another source.
The process of subrogation is designed to ensure that the employer is reimbursed for the costs they have already borne, while also preventing the employee from receiving a double recovery for the same expenses. It allows for a fair allocation of financial responsibility, as the third-party liable for the employee’s injuries ultimately covers the costs rather than the employer.
In summary, subrogation in relation to workers’ compensation benefits refers to the employer’s right to seek repayment for the medical and vocational retraining expenses they have already paid if the employee recovers additional compensation from a third-party lawsuit. It serves to protect the employer from shouldering the financial burden twice and ensures a fair allocation of costs.
13. What happens if I am fired for filing a worker’s compensation claim?
Alabama law recognizes this as retaliatory discharge. As a result, you may have the right to pursue legal action and seek full tort damages, rather than being limited to only workers’ compensation benefits.Being terminated from your job due to the filing of a workers’ compensation claim can carry some potential consequences for both you and your employer. While wrongful termination for making a claim is generally prohibited, the specific repercussions can vary depending on your jurisdiction and the circumstances surrounding your case.
In many jurisdictions, including Alabama, employers are prohibited from terminating your employment in retaliation for filing a workers’ compensation claim. If you were to be fired under such circumstances, you may have grounds for a claim of retaliatory discharge under the relevant state laws. This means that you could potentially seek legal recourse against your employer for wrongfully terminating your employment in response to your claim.
If you are successful in proving retaliatory discharge, you may be entitled to more extensive damages beyond the standard workers’ compensation benefits. These additional damages, referred to as full tort damages, can encompass a wider range of compensation and are not limited to the benefits strictly provided through workers’ compensation. This can potentially include compensatory damages for lost wages, pain and suffering, emotional distress, and other related losses.
It’s important to note that while the option to pursue full tort damages may exist, the process can be complex and may require legal assistance to navigate. Consulting with an attorney experienced in workers’ compensation and employment law can provide you with a comprehensive understanding of your rights and the potential repercussions in your specific jurisdiction.
14. Can my employer terminate my employment for filing a worker’s compensation claim?
No, your employer cannot wrongfully terminate your employment simply because you made a claim for workers’ compensation benefits. It is against the law for employers to retaliate against injured employees by firing them for seeking workers’ compensation. In the scenario where you, as an injured worker, are fired specifically because you filed a workers’ compensation claim, Alabama law recognizes this as retaliatory discharge. As a result, you may have the right to pursue legal action and seek full tort damages, rather than being limited to only workers’ compensation benefits.
15. Can I seek compensation from a third party in addition to obtaining worker’s compensation benefits?
Yes, it is possible to seek compensation from an outside party in addition to obtaining workers’ compensation benefits. In cases where your injury is covered by the Alabama Workers’ Compensation Act, you may still be eligible to recover compensation for various aspects such as lost wages, injuries, pain and suffering, and medical expenses. This is applicable if the party responsible for your injury is someone other than your employer. Therefore, you have the right to pursue compensation from an external party that is liable for your injuries, alongside receiving workers’ compensation benefits.
16. Who may be liable as a third party?
When it comes to determining liability for an accident as a third-party, several parties besides the injured person’s employer may potentially be held responsible. In situations where an on-the-job accident occurs, it is generally not possible to file a lawsuit against one’s own employer. However, liability may fall on other entities such as another company or subcontractor working at the same site.
For instance, if a subcontractor on a construction or job site has contributed to the creation of hazardous conditions that ultimately caused the accident, they could be held liable as a third-party. Furthermore, in cases where defective machinery or equipment is responsible for the injury, the manufacturer of said machinery may also be held accountable for the resulting harm. Therefore, injured individuals may have the right to pursue compensation from these external parties who bear liability for their injuries, in addition to receiving workers’ compensation benefits.
17. Can I sue my employer after an on-the -job injury?
When it comes to suing your own employer after an on-the-job accident, it is generally not possible. However, it’s important to note that there might be scenarios where another company or subcontractor working on the same site could be held liable as a third-party. For instance, if a subcontractor on a construction or job site created unsafe conditions that led to the accident, they could be held responsible. Similarly, if your injury was caused by faulty machinery or equipment at the workplace, the manufacturer of that machinery might be held accountable. In such cases, it may be possible to seek compensation from these outside parties while also receiving workers’ compensation benefits. Ultimately, while suing your own employer directly may typically not be an option, exploring liability from other parties could potentially provide avenues for seeking compensation for your injuries.
18. Will my recovery be limited to worker’s compensation?
Your recovery may not be limited to workers’ compensation alone. While being covered by the Alabama Workers’ Compensation Act can provide you with benefits for your injury, there may be further avenues to pursue compensation if someone other than your employer is responsible for the incident. In such cases, if a third party, such as another company or a subcontractor working on the same site, is liable for the accident, you may be able to seek compensation from them for various aspects including lost wages, injuries, pain and suffering, and medical expenses. It is important to note that while you typically cannot sue your own employer for an on-the-job accident, exploring the potential liability of an outside party offers an additional possibility for obtaining compensation alongside your workers’ compensation benefits.
19. Who has to provide worker’s compensation in Alabama?
In the state of Alabama, businesses are mandated by law to provide workers’ compensation insurance, with very few exceptions. It applies to all businesses, excluding agricultural operations, with five or more employees, regardless of whether they work on a full-time or part-time basis. This requirement ensures that employees are protected and compensated in the event of work-related injuries or illnesses.
20. What do you do if your employer disputes your claim for medical benefits?
If your employer disputes a claim for medical coverage, there are certain steps you can take to protect your rights and ensure you receive the benefits you are entitled to. It is highly recommended that you seek the assistance of a skilled professional, such as a Huntsville personal injury lawyer who specializes in handling workers’ compensation claims. By doing so, you can better understand the entire process, explore your legal options, and discuss the specific details of your case in a complimentary initial consultation. It’s important to keep in mind that insurance companies often have a financial incentive to minimize benefit payouts, which is why having a knowledgeable attorney by your side during a disputed claim demonstrates your determination to obtain the rightful workers’ compensation benefits you deserve.
21. What will the worker’s comp attorney do while you recover from your work-related injury?
While you are recovering from your work-related injury, our dedicated team of workers’ compensation attorneys will take several important steps to evaluate your claim. Firstly, we will carefully examine the specific details of your case, as each one is unique and requires individual attention. To gain a comprehensive understanding of the accident, our attorneys will conduct a thorough investigation at the accident scene, including gathering evidence, interviewing witnesses, and taking photographs of any relevant equipment or vehicles involved.
Furthermore, our experienced attorneys will provide guidance on various aspects related to your workers’ compensation claim. This may include advising you on the implications of returning to work or the potential impact on your claim if you are receiving pension benefits or unemployment compensation. By analyzing your situation and considering the specific circumstances surrounding your injury, we will ensure that you receive the appropriate support and assistance throughout the recovery process.
22. What are the consequences if I fail to report my injury to my employer in a timely fashion?
Failing to report your injuries to your employer in a timely fashion can have several consequences. Firstly, it may potentially impact your ability to recover workers’ compensation benefits. In such cases, your employer is not legally obliged to cover the costs of your injury-related medical treatment or compensate you for a portion of your lost wages until you have given proper notice of the accident and have been referred to an authorized doctor. Therefore, it is crucial to promptly report any injuries to your employer to ensure that you receive the necessary support and benefits to address your medical needs and financial losses.
23. Were you injured at work?
If you have been injured while at your workplace, it is important to take the necessary steps to protect your rights and ensure that you receive the appropriate benefits and medical treatment. Workers’ compensation benefits are specifically designed to assist individuals who have sustained work-related injuries, covering medical expenses and compensating for lost wages. You are not covered if you were not working.
Regardless of who is at fault for the workplace accident, you are eligible to receive these benefits. However, in order to safeguard your claim, it is crucial to follow a few important procedures. Firstly, seek immediate medical attention for your injury. Next, it is essential to promptly report the injury to your supervisor or someone in a supervisory position within five days. Providing written notice allows your employer to be aware of the incident and initiate the necessary protocols.
Furthermore, it is advisable to request your supervisor or employer to arrange for a doctor who specializes in treating work-related injuries. By doing so, you can ensure that you receive proper medical care that is specifically suited to your condition.
It is imperative to bear in mind that timeliness is of utmost importance when it comes to reporting your injury. Failing to notify your employer within a reasonable time frame may have a negative impact on your ability to recover workers’ compensation benefits. In such cases, your employer is not required to cover the cost of your medical treatment or compensate for any lost wages until you have given notice of the accident and have been referred to an authorized doctor.
Therefore, if you have suffered an injury at work, it is vital to be proactive in seeking medical attention, reporting the incident, and ensuring that you receive the necessary care from an approved medical professional. By adhering to these steps and following the appropriate legal procedures, you can protect your rights and maximize your chances of receiving the full benefits you are entitled to.

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.

Why should you consider hiring an experienced 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.

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.

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. We understand that dealing with a workers’ compensation claim can be challenging and overwhelming. That’s why we believe it is crucial to have an experienced workers’ compensation attorney by your side to guide you through the complexities of the process.

Our Alabama workers’ compensation attorney, 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. During these consultations, we will evaluate your case, explain your rights and obligations, and provide you with a clear understanding of the workers’ compensation claim process.

Workers’ compensation laws vary from state to state, and filing a claim can be a complex and time-consuming process. Having a knowledgeable attorney who is familiar with the Worker’s Compensation Act can significantly increase your chances of receiving the compensation you deserve. Our experienced workers’ compensation attorneys have a deep understanding of Alabama’s workers’ compensation laws and have successfully handled numerous claims.

If you have been injured while working, do not accept the insurance company’s low-ball offer. Contact Ferguson & Ferguson for a free case evaluation and let us fight for your rights. We are dedicated to helping injured workers like you navigate the workers’ compensation system and ensure you receive the benefits you are entitled to.

Please call 256-534-3435 or 256-350-7200 to schedule a free initial consultation with an experienced Huntsville or Decatur, Alabama, workers’ compensation lawyer at the Law Offices of Ferguson & Ferguson. We are here to provide you with the support and guidance you need during this challenging time.

 

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.