Workers’ Compensation Attorney in Oneonta (Blount County)
If you’ve been injured or become ill on the job in Alabama, don’t stay silent. Now is the time to assert your rights.
Did you know that you can recover the losses you suffered through a state insurance program known as Workers’ Compensation?
Depending on the type and severity of your injury, benefits may include:
- medical coverage
- lost wages
- temporary and permanent disability
If your injury was caused by the negligence of another person, a third party claim can be filed in addition to receiving workers’ comp benefits.
These claims can include losses for pain and emotional suffering, as well as financial losses.
Employers and insurance companies may attempt to make it difficult for you to receive the compensation you deserve by denying responsibility or minimizing the extent of your injuries.
Your best chance at recovering maximum financial recovery is to seek the assistance of a highly qualified workers’ compensation attorney with experience negotiating and litigating work injury claims.
The Law Firm of Ted Williams, Jr. LLC is a passionate advocates for work injury victims in Blount County, AL.
Our top priority is making sure employers and insurance companies fairly compensate our clients for their injuries.
Call us today (205) 623-4443 to receive a Free consultation or case evaluation with our Principal Attorney Ted Williams.
Alabama’s Workers’ Compensation Act
Alabama’s Workers’ Compensation Act provides certain monetary compensation and medical benefits to injured workers regardless of who was at fault in the accident — whether it be:
- the employee
- the employer
- a coworker
- a customer, or
- some other third party
Unfortunately, some employees are exempt from receiving benefits including:
- domestic servants
- farm laborers
- casual employees
- state and federal government employees
- employers who employ less than five employees
Workers’ compensation benefits cover accidental injuries, occupational illness and death.
What Conditions Enable Me To Receive Benefits?
- The injury must result from an accident, an unexpected or unforeseen event happening suddenly or violently with or without human fault that causes injury to the human body.
- The accident must be related to your employment. The accident must occur within the period of your employment, at a place you may reasonably expected to be within the scope of your employment, and while engaged in or fulfilling a duty of your employment.
- Prompt and informative notice of the accident and the injury should be given to your employer.
What Disqualifies Me From Receiving Benefits?
- The accident was caused by your willful misconduct.
- The accident was caused by the act of a third person or fellow employee for personal reasons, unrelated to your employment.
- You intended to bring about the injury or death to yourself or to another.
- You were intoxicated or under the influence of illegal drugs.
- You failed or refused to use proper safety mechanisms provided by your employer.
- You failed to or refused to perform a statutory duty.
- You breached a reasonable rule or regulation of your employer that you knew about.
What Benefits Am I Entitled To?
- Medical Expenses And Care
Coverage of cost for reasonably necessary:
- medical and surgical treatment
- mileage reimbursement
- chiropractic and physical therapy treatment
- artificial members
- other apparatuses
2. Lost Wages: If you cannot work for a period of time while you recover, you are entitled to receive money to help replace your lost income. This is generally two-thirds (66%) of your average weekly earnings based on an average of wages for the 52 weeks before the accident.
3. Temporary Partial Disability Benefits (TPD): If you can work in a reduced capacity despite the restrictions imposed by your injury or illness, you will be paid 2/3 of your pre-accident average weekly wage up to 300 weeks.
4. Temporary Total Disability Benefits (TTD): If you are completely disabled but expected to recover and return to work, you will receive 2/3 of your average weekly wage for as long as you are out of work.
5. Permanent Partial Disability Benefits (PPD): If you are partially or totally disabled, you will be paid benefits based on the severity of your impairment. The most severe injuries may allow benefits for up to 400 weeks. The maximum compensation payable each week for permanent partial disability is the lesser of your AWW or the current state-allowed maximum.
Permanent Total Disability Benefits (PTD): If it is impossible for you to perform the duties required of your current job or to acquire gainful employment elsewhere, you will receive 2/3 of your average pre-accident wage, up to a maximum of $220 per week. There is no time limit on these benefits and may be paid out for the remainder of your life.
Death And Funeral Benefits: If a loved one died due to a work related injury or illness, dependents may receive workers’ comp benefits within three years of the accident. Families are eligible for a one-time funeral expense payment up to $3,000.
A widowed spouse, with no dependent children, is usually entitled to 50 percent of the deceased worker’s AWW for up to 500 weeks. If there are also dependent children, the benefit rises to 66 ⅔ percent of the worker’s AWW.
Filing Your Workers’ Compensation Claim
To begin the process of filing a workers’ compensation claim, you need to notify your manager, supervisor or foreman of your injuries in writing.
Aim to report your injuries within 5 days of the accident. You may provide a written notice up to 90 days from the accident, but you may forfeit benefits up to the time of notification if the employer is not notified within five days.
It’s important that you obtain medical attention following the accident to document your injuries. If it is an emergency, you may see a health care provider of your choosing In a non-emergency event, Alabama law states that you must see a doctor authorized by your employer or its insurance company.
After notifying your employer of the accident, they will file a First Report of Injury which will be sent to their insurance provider to determine if you are capable of receiving any benefits for your injury.
If your employer refuses to file an injury report or the insurance provider refuses to process your claim, contact Ted Williams Jr. LLC as soon as possible. Attorney Williams has extensive experience negotiating with insurance adjusters and knows what it takes to get the best possible settlement.
Filing A Third Party Claim
One caveat to receiving Workers’ Compensation benefits is that you cannot directly sue your employer. You can, however, bring legal action against a third party for your injuries.
Third party lawsuits can allow you to pursue recovery for pain and suffering, mental anguish and punitive damages, and can often yield more money than workers’ comp.
In order to have a successful claim, we would need to prove that your injury was caused by a third-party’s negligent or reckless actions or omissions. Third party liability claims generally arise out of situations such as:
- manufacturing or design defects
- drivers who cause accidents to workers on the road
- owners of other businesses a worker may visit as part of his/her job
Some examples of third party actions may include:
- A worker is injured while using a defective product. A product liability lawsuit can be brought against the manufacturer and/or seller of the product.
- A construction worker is injured due to the negligence of a subcontractor or general contractor at a construction site. A third-party action can be brought against the negligent contractor.
- A driver is injured in a motor vehicle accident during the course of employment. A third-party action can be brought against the driver who caused the accident.
Common Work Injuries and Illnesses
The Law Office of Ted Williams, Jr. LLC handles workers’ compensation claims involving all types of injuries, including:
- Neck and back injury
- Head injury
- Burn injury
- Broken bone
- Crushing injury
- Knee, shoulder, elbow, hip and other joint injury
- Eye and ear injury
- Carpal tunnel
- Post-traumatic stress
- Occupational illness
- Toxic chemical exposure
If you were injured on the job, you may be able to recover compensation through a workers’ compensation claim or lawsuit against a third party. Call The Law Office of Ted Williams, Jr. LLC (205) 623-4443 for a FREE consultation to discuss your legal options.