Workplace Injuries Lawyer in Montgomery Alabama
Every year in Alabama, nearly 40,000 workers are injured and killed in workplace accidents. It can happen without any warning – a worker falls from a platform, is run over by a truck, machinery malfunctions and drags the employee into the machine, or a large crate falls from a shelf.
It doesn’t have to be your fault.
If you have suffered a workplace injury, or a loved one has been killed while on-the-job, you, or his survivors, may be entitled to compensation for the loss of a loved one.
The state of Alabama requires any employer of five or more to provide workers’ compensation benefits. Unfortunately, many employers and their insurance representatives will try to discourage workers from collecting what is rightfully theirs under the law.
It is not uncommon to be denied the first time you apply for workers’ compensation benefits after an injury. That can be especially devastating to a family when you already are off the job due to injury.
An experienced and skilled worker’s compensation attorney, Chip Nix can help you and your loved ones both protect your rights and collect the benefits you deserve in a timely manner.
Common Types of Workplace Injuries
Workplace injuries and accidents can occur in nearly any type of work environment whether you work around heavy machinery, big-rigs, or in a warehouse.
The most common types of accidents include:
- Overexertion – This occurs from excessive pushing, pulling, carrying, or throwing objects while working.
- Slipping/Tripping – This is the 2nd most common type of accident resulting from falling on a wet floor or over poorly marked hazards in the work area.
- Fall From Heights – Falls are some of the most common work-related injuries whether from a ladder, roof, or stairway, sometimes due to the absence of personal protective equipment, warning signs, or other safety measures.
- Falling Objects – Objects falling from shelves or roofs on a construction site can cause severe head and neck injuries.
- Vehicle Accidents – Employees who drive in the course of their employment are at risk for work-related vehicle accidents, some fatal.
- Machinery Accidents – When heavy equipment or machinery is used at work, an employee could become entangled and severely injured.
- Repetitive Motion - Repetitive motion injuries occur when an employee completes the same tasks repeatedly in their job. These could lead to vision damage, strained muscles, and carpal tunnel syndrome.
- Violent Acts - Conflicts in the workplace that lead to violence are another cause of workplace injury.
Common injuries include back strains, spinal cord injuries, traumatic brain injury, lacerations, broken and fractured bones, heart attacks, carpal tunnel syndrome, lung disease, Mesothelioma, severe burns, and accidents resulting in death.
What You Need to Know About Alabama Worker’s Compensation
While you have up to two years to file a claim from the date of the injury, not reporting in a timely manner may become a reason your workers’ compensation claim is denied.
Other reasons your employer and his insurance carrier may deny your claim include:
- Your injury isn’t work-related or is due to a pre-existing condition
- Medical bills aren’t related to a work injury
- The accident itself wasn’t work-related
- You failed to provide proper notice as required by law
- Your accident resulted from your own willful misconduct
- The accident resulted from alcohol or drug use
- You failed to use safety precautions at work
- You breached a workplace rule or regulation
- Your injury was due to a personal conflict not related to employment
When any of the above happen, you will require the expertise of an Alabama worker’s compensation attorney who will fight to preserve your rights.
Types of Worker’s Compensation Benefits in Alabama
Injured Alabama workers are entitled to benefits that cover medical care related to the injury including surgery, physical therapy, medication, and supplies.
If an injured worker must miss time from work, there is wage replacement equal to two-thirds of a weekly salary, subject to statutory minimums and maximums. Permanent disability benefits are based on the level of impairment from your injury that is expected to last indefinitely. These benefits can last for up to 300 weeks.
When a worker dies from a workplace injury, the worker’s estate will receive death benefits depending on the number of dependents. For example, if there is one dependent, the amount is one-half of the average weekly wage. If there are two or more dependents, the amount is two-thirds the average weekly wage. Benefits can last for up to 500 weeks.
Worker’s Compensation Third-Party Claims
If you are injured at work as the result of the negligence of someone other than your employer, Alabama law allows you to file a lawsuit against that person or company in addition to your worker’s compensation benefits.
For example, you are a delivery driver and are rear-ended by another truck or work in a factory where a machine defect caused you to lose a finger. This is called a third-party claim, and you can pursue damages from these at-fault parties while you collect worker’s compensation benefits.
Retaliatory Discharge/Wrongful Termination
Even though it is against the law, employees have been known to be fired after filing a workers’ compensation claim.
If you have been fired after a work-related injury or if you get fired in the future and you have had a work-related injury, you should contact a lawyer who knows how to investigate, evaluate, and file a retaliatory discharge claim.
This is a time when you will need an experienced and compassionate workers’ compensation attorney by your side. Call our office for a complimentary consultation with Mr. Nix to discuss your wrongful termination.
What to Do If You Are Injured on the Job
If you are injured on the job, notify your employer immediately. Even if you don’t think that you’ll require medical attention, you should let your supervisor or boss know that an incident has occurred so that you protect your rights.
If you do need medical care, your employer or worker’s compensation insurer will direct you to the proper facility. Recognize that you may be required to undergo an Independent Medical Exam (IME) by a non-treating doctor. Our office can advise you on how to prepare for that exam to preserve your rights
How Alabama Workplace Injury Attorneys Can Fight for You
If your claim is denied or delayed, Chip Nix Attorney at Law will immediately file the motions necessary to take the insurance company to court. Mr. Nix has extensive experience trying worker’s compensation cases and has the resources to protect your rights. Even if your claim is accepted, we will use our medical and vocational experts, accountants, and accident experts to ensure that you receive the maximum compensation available under the law.
Contact Chip Nix Attorney at Law at 334-203-6669 or contact us online to schedule a free initial consultation.