Dedicated Workers Compensation Attorney Looking Out for You in Montgomery, AL
If you have been injured on the job, you expect the Alabama Workers’ Compensation system to pay you benefits to cover your medical expenses and help make up for your lost wages. Not only do you count on Workers’ Comp, but the law is set up so that you cannot sue your employer or another employee for your on-the-job injury. Workers’ Compensation is often your only recourse for getting your medical bills paid and getting help with living expenses while you are disabled and cannot work. Unfortunately, workers’ compensation is not the sure thing that it is made out to be. There are actually many different ways your employer and their insurance carrier may find to deny you benefits. Don’t take their refusal lying down. A skilled and knowledgeable Alabama workers’ compensation attorney can stand up for your rights and make sure that you are not being unfairly denied the benefits that are owed to you.
Below is some important information about workers’ compensation in Alabama. For more information, see our Workers’ Compensation FAQs, or call Montgomery workers’ comp lawyer Chip Nix at 334-279-7770 for a free consultation.
Alabama Workers’ Compensation Facts
If you work for an employer who has five or more employees, you are covered under Alabama workers’ compensation. Sometimes an employer will misclassify workers as contractors when they are really employees, so watch out for this if you work for a small company; you may be entitled to workers’ comp even if your employer says you aren’t.
Workers’ Compensation covers any accident that arises out of and in the course of employment. The law defines what constitutes an accident in general terms. Your company’s workers’ comp insurance carrier may try to claim that your injury was not the result of an “accident” under the law or did not occur in the course of employment. Let Chip Nix, Attorney at Law, investigate the facts of your case to determine whether you are eligible for workers’ comp.
It is important to give proper notice to the employer as soon as possible after the accident. This notice should be given within five days if possible. If the employer has actual knowledge of your injury some other way (e.g. employer witnessed the accident), this counts the same as if you gave notice. Don’t take the procedural rules lightly, however. Your employer may try to deny your claim if you do not follow the proper steps outlined in the law.
Other common reasons an employer or insurance company will try to deny your claim include:
- The injury was caused by willful misconduct of the injured employee
- The injury was caused by a third party for personal reasons unrelated to work
- The employee acted with an intention to injure him or herself
- The accident was due to the employee’s intoxication or use of illegal drugs
- The accident was the result of the employee’s failure or willful refusal to use safety appliances provided by the employer
- The injury was caused by the employee’s willful refusal or willful neglect to perform a statutory duty
- The injury was caused by the employee’s willful breach of a reasonable work rule
What to do if your claim is denied
If your claim for benefits is denied, or if your employer stops paying benefits while you are still disabled and eligible to receive payments, you have the right to speak with an examiner at the Workers’ Compensation Division, or to retain an attorney to handle your claim in court. In Montgomery and statewide, Chip Nix, Attorney at Law, helps injured workers through the entire workers’ comp process, including filing the initial claim for benefits and resolving any disputes administratively or through courtroom litigation if necessary. Chip Nix also represents workers who have been defrauded by their employer regarding workers’ compensation benefits or their classification as a contractor instead of an employee.
Call Chip Nix in Montgomery for a Free Consultation with an Able and Determined Alabama Workers’ Compensation Attorney
If you have been hurt in a workplace accident in Montgomery, Selma, Union Springs or anywhere in Alabama, call Chip Nix, Attorney at Law, at 334-279-7770 for a free consultation and immediate assistance regarding your ability to collect workers’ compensation benefits.