Workers' Compensation FAQ
Alabama Workers' Compensation Lawyers
The workers' compensation system provides benefits to workers who are injured while on the job. Obtaining the benefits you earned is not always easy, though. The help of an experienced workers' compensation lawyer can often make the difference in these cases.
Powell & Denny has successfully handled many workers' compensation cases, and we may be able to help you.
Answers to some of the more commonly asked workers' compensation questions appear below. You probably have additional questions about your situation. An attorney at Powell & Denny can answer these and provide a free case evaluation.
Call 1-800-227-0882 to schedule a free initial consultation.
What should I do if I've been injured on the job?
- Get medical care as soon as possible.
- Notify your employer promptly.
- Do not speak with the insurance company, provide them with a recorded statement, or sign any insurance company documents.
- Keep track of your expenses and collect documents that prove your annual earnings.
- Contact Powell & Denny for a free consultation.
What can I get benefits for?
You can get workers' compensation benefits for medical expenses, lost wages, rehabilitation services, vocational training, and related expenses. People often fail to ask for everything they are entitled to. For example, you can get mileage reimbursement for travel to and from medical appointments and physical therapy sessions. You can also get reimbursed for prescriptions and other types of medical expenses related to your work injury.
Powell & Denny will work to help you obtain all the benefits you deserve.
I caused or contributed to my own injury. Am I entitled to benefits?
Yes. Workers' compensation is a no-fault insurance program. You are entitled to benefits for any injury you suffered while on the job.
A third party (not my employer) caused my injury. Can I get benefits?
Yes, you can. In addition to workers' compensation benefits, you may be entitled to compensation from the party that caused your injury. These "third party claims" can include losses for pain and emotional suffering as well as financial losses, so the total compensation can be far higher than that for just a workers' compensation claim.
Powell & Denny has successfully handled many cases involving on-the-job injuries caused by third parties, and will aggressively pursue your claim.
My employer told me I waited too long to inform them of my injury. Is there anything I can do?
You can have up to 90 days to report the injury to your employer. But the clock starts ticking when you become aware of your injury, so you should report it as soon as possible. This point is important. You may not become aware of an illness or chronic ailment such as a repetitive stress injury until some time after the condition began.
An attorney at Powell & Denny can evaluate your situation and discuss your chances of obtaining compensation.
Is it possible to obtain both workers' compensation benefits and Social Security Disability (SSD) benefits?
Yes. But these dual claims can be complicated and there are complex interactions between SSD and workers' compensation claims. If your workers' comp claim is not handled properly, it can reduce your SSD benefits. Powell & Denny works in both areas, so we can coordinate both claims with the aim of maximizing your total stream of benefits.
I’ve been told that I am not eligible for Alabama workers’ compensation benefits because the job injury I suffered was my fault. Am I out of luck?
NO. Alabama’s workers’ compensation statute states that an injured worker cannot be denied workers’ compensation benefits because the job accident was caused by (i) his or her own negligence; (ii) the negligence of a fellow employee or because (iii) the employee had assumed the risks of injury by working at the job site.
Is my employer responsible for paying my medical expenses?
YES, the Alabama Workers’ Compensation statute states that the employer shall pay for the reasonably necessary medical and surgical treatment and attention, physical rehabilitation, medicine, medical and surgical supplies, crutches, artificial members and other apparatus as the result of an accident arising out of and in the course of an injured worker's job duties.
Is it true that workers’ compensation has to pay me mileage reimbursement for driving back and forth to my authorized treating physician or elsewhere for medical treatment?
YES, it is; you will be reimbursed.
What is the statute of limitations for filing a claim for workers’ compensation benefits?
An injured worker has two years from the date of their injury, or date they were last paid temporary total disability benefits, in which to have either settled their claim or filed a law suit. Claims not made within this time period are forever waived. Don’t take a chance with your workers’ compensation claim -- call Powell & Denny today.
Can I receive workers’ compensation benefits and Social Security Disability benefits at the same time?
Yes, although workers’ compensation benefits may cause a reduction in your Social Security Disability benefits.
For a free initial consultation with Powell & Denny, call 1-800-227-0882 or contact us online. We have offices in Birmingham and Huntsville, Alabama, to serve you.