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Claim for Workers Compensation Benefits Turned Down

Claim for Workers Compensation Benefits Turned Down

Claim for Workers Compensation Benefits Turned Down: You would think an injured worker would know who they worked for, but you would be shocked if you knew how many times a worker who suffered a job injury called our offices to complain that their claim for workers compensation benefits was denied because, according to the workers compensation insurance carrier, they were not actually an employee of their employer. I have actually spent several days in trial on different cases where one of the primary issues in contention was whether our client was an employee of the defendant (happily we prevailed on this issue in these cases). Generally, this is just a shell game used to confuse the injured worker and less experienced attorneys and to avoid their obligations under Alabama's Workers' Compensation Act.

We have had cases where the workers compensation insurance company argues that our client was not an "employee" simply because they received a 1099; the fact that the injured worker worked exclusively for the defendant for years, was told when to report to work, when they could leave, what to do, they supervised the work the worker performed, our client was insured to drive company vehicles and had a company uniform was not even considered by the carrier.

Whether you are an employee for workers compensation reasons is not determined solely on whether you received a W-2 or 1099 form at tax time. As a rule of thumb, whomever directs you in when and how you perform your job duties is considered your employer.

If your claim for Alabama workers compensation benefits was turned down, don't give up. Call and speak with one the experienced Alabama Workers Compensation Lawyers at Powell and Denny today.

Powell and Denny: We Work When You Can't

Offices in Birmingham, AL and Huntsville, AL

Claim for Workers Compensation Benefits Turned Down

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