ALABAMA WORKERS' COMPENSATION Lawyer

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 Not all attorneys handle Alabama Workers’ Compensation claims due to their complexity and the interplay of State Statutes, employers, insurance carriers, doctors and the Court system.  Mr. Carter has successfully handled hundreds of Workers’ Compensation claims as an on the job injury lawyer in Birmingham, and throughout the State.  These include claims for total and permanent disability,  loss of limbs, and traumatic brain injury claims.   He has successfully recovered millions of dollars for his clients, while ensuring they receive the benefits to which they are entitled.    Prompt action after an on-the-job injury is key to ensuring the injury is reported, covered by workers' comp,  and your job protected.   Contact us if you or a loved one has been injured on the job.  

1. Report any injury immediately to your supervisor, boss or employer. 
2. Check with your supervisor or employer about which doctor you should see for your work related injury.  Seeking your own medical treatment is not typically covered under the employer's workers' compensation coverage.   The employer must be given the opportunity to treat your work related injuries by their Authorized Treating Physicians. 

Your employer is then required, by law, to fill out a "First Report of Injury".    

You should note as soon as possible any witnesses to your injury, how to contact them, and exactly how it happened while the event is still clear in your mind.  

IN GENERAL - The below guidelines are provided by the Alabama Department of Labor and outline when an injured employee should be entitled to benefits under the Alabama Workers' Compensation Act.  This information does not replace the advice of a skilled workers' compensation attorney and is intended only for general information.  
 

1. The employee must work for an employer whose business is covered by the law. (Generally, the law covers employers of five or more employees;   it does not apply to owner/operator or leased operator of common carriers engaged in interstate commerce, domestic servants, casual employees,  farm laborers, U.S. and State government.) 
2. The injury must result from an accident. ("Accident" is defined as an unexpected or unforeseen event happening suddenly and violently with or without human fault producing, at the same time,  injury to the physical structure of the body or damage to an artificial member of the body by accidental means. See Article 4 of the law for specific provisions regarding occupational pneumoconiosis, and Article 4 and 7 regarding occupational radiation disease.) 
3. The accident must arise out of and in the course of the employment.   There must be a relationship between the employment and the accident,  and it must occur within the period of employment, at a place where the employee may reasonably be, and while he or she is fulfilling the duties of the employment or engaged in something incidental to it.) 
4. Proper notice of the accident and injury must be given to the employer.   (The law states that notice be given within five days, but in any case notice must be given within ninety days following the accident.  Actual knowledge has been held to be equivalent to statutory notice.) 

WAITING PERIOD - In cases of temporary total or temporary partial disability, no compensation shall be allowed for the first three days after disability, nor in any case, unless the employer has actual knowledge of the injury or is notified thereof within the period specified.  Compensation shall begin with the fourth day after disability, and in the event the disability from the injury exists for a period as much as 21 days, compensation for the first three days after the injury shall be added to and payable with the first installment due the employee after the expiration of the 21 days.