How Long Does a Workers Comp Case Take?

If you’ve been hurt on the job in Alabama, you may be facing uncertainty about your future. Not only do you have to get medical treatment for your injuries, but you may also lose time from work and could end up with permanent limitations.

Workplace injuries often don’t resolve quickly, but it’s helpful to understand the process associated with the state’s worker’s compensation system. These events have physical and emotional consequences, but they can impact you and your family financially as well.

When Must You File a Worker’s Compensation Claim in Alabama?

According to Alabama law, you have just two years from the date of injury to file a claim for worker’s compensation. It’s always in your bests interests, however, to file your claim as soon as you are injured or as soon as you find out that an injury or illness is work-related. If you put this off, an employer or their insurance company might use this as a reason to question your case.

What to Expect After You File a Claim

After you file your claim, it will either be accepted or denied. If you receive a denial of benefits, you can file an appeal, and this is something that you should discuss with an experienced Alabama workers compensation attorney.

Workers compensation provides you with a variety of valuable benefits, including medical care, replacement of lost wages, retraining when necessary, and payment for permanent impairment. In some cases, there are limits on these benefits.

How Long Can You Receive Worker’s Compensation Benefits?

Depending on the type and severity of your injury, you may be eligible for different types of workers compensation benefits. There are different categories of disability classes, and some have limits on payments.

• Temporary partial disability (TPD). You may have temporary limitations that prevent you from working at your regular job. If you can work “light duty,” you are eligible to receive payment of 66 2/3 percent of the difference between your normal pay and the light duty pay, for up to 300 weeks.
• Temporary total disability (TTD). If you have temporary restrictions and cannot work at all, you can receive 66 2/3 percent of your pre-injury wages, with no limitations on the length of payment.
• Permanent partial disability (PPD). This is a payment for permanent impairment, equal to 66 2/3 percent of your pre-injury wages up to a cap of $220 per week. Payments can last as long as 300 weeks.
• Permanent total disability (PTD). If you are found to be permanently and totally disabled, those same permanent disability payments could be paid weekly for life.
• Death. If there is a workplace death, beneficiaries could be eligible to receive payment for burial expenses as well as 66 2/3 percent of the deceased’s pre-injury wages for up to 500 weeks.

How Long Does a Workers Comp Case Take in AL?

Not all workers compensation claims end with these prolonged disability payments. Some injured workers choose to settle their cases for a lump sum, but this should not be a priority early in your in your case. It’s difficult if not impossible to settle a case for a fair value if you haven’t yet medically stabilized.

The first thing you should know about settling your worker’s compensation case is that any weekly benefits will stop. In some cases, you may be able to continue receiving medical benefits related to your injury. Also, just because you agree to settle, that doesn’t mean that this is a done deal. The proposed settlement must be approved by state’s worker’s compensation agency before it is considered final.

Speak With a Qualified Alabama Workers Comp Attorney

There are no hard and fast rules about the length of time for resolving a workers compensation case. There are many factors involved such as the nature and severity of your injury, whether or not your claim has been contested by your employer, and the strength of your legal counsel.

Chip Nix, Attorney at Law, can put his extensive experience and resources to work for your benefit. If you have been hurt on the job in the Montgomery area, you deserve access to workers compensation benefits. Contact our office now at 334-279-7770 or reach out to us online to schedule a free consultation.