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Birmingham Work Injury Attorney Most Workers Comp Claims Unreported

Birmingham Work Injury Attorney Most Workers Comp Claims Unreported

Birmingham Work Injury Attorney Most Workers Comp Claims Unreported: In March 2015, the Department of Labor issued a report showing that less than 40 percent of workers who are eligible to apply for workers compensation following an injury actually apply for it.

The report goes on to say that "Employers provide just 20 percent of the overall financial cost of workplace injuries and illnesses through workers' compensation, according to the report. As a result, taxpayers are subsidizing the vast majority of the income and medical care costs.

3.5 million job injuries were reported for the year the study looked at. Using the Department of Labor's math, the real number of injured workers was really around 14 million, which means 10.5 million job injuries went unreported. That in 10.5 million workers doing without all the medical treatment they really need-unless they are forced to lie and use their personal health insurance, which just increases health care costs for the general public. 10.5 million families going without the financial resources needed to keep them from losing everything they have worked for, In many cases, families split due in part to the financial and emotional stress caused, and the number of workplace suicides is on the rise (click here for a recent story from CNN).

The other day I was reading the results of a study which indicated a decent percentage of injured workers feared being fired specifically because they had suffered a job injury. This fear causes some injured workers to keep silent about their job injury, and as a result their injuries only grow worse and the delay in reporting their job injury could prevent them from later coming forward and claiming the workers' compensation benefits they were entitled to receive. Moreover, continued underreporting of job injuries only empowers business to continue intimidating injured workers from claiming workers comp benefits, which hurts other injured workers.

Can your boss fire you after suffering a job injury and claiming workers compensation benefits?

Yes, your employer may fire you or lay you off, but NOT because you sought benefits related to your job injury. If you mouth off to a supervisor, come to work drunk or other such actions, you may be terminated. If the company is going through a down time and layoffs are taking place, you may be laid off. The mere fact that you suffered a job injury does not mean that you cannot be let go; however, if you were let go in retaliation for seeking workers comp benefits, you may sue your former employer for WRONGUL TERMINATION.

The Alabama Supreme Court has set forth 4 factors to be looked at when trying to determine whether a worker who suffered a job injury and was subsequently let go equates to wrongful termination. The factors are: 1) was there an employment relationship, 2) did the worker suffer a job injury, 3) knowledge on the part of the employer of the on-the-job injury, and 4) subsequent termination of employment based solely upon the employee's on-the-job injury and the filing of a workers' compensation claim. Evidence that other employees who suffered job injuries were also terminated after suffering their job injury is also evidence of a wrongful motive.

If you have been hurt at work in Alabama and you are afraid of what might happen if you should claim workers' compensation, please do not let the fear paralyze you into inaction. Contact one of the experienced Alabama Workers Compensation lawyers at Powell and Denny to discuss your claim.

Powell and Denny: We Work When You Can't

Offices in Birmingham, AL and Huntsville, AL

Birmingham Work Injury Attorney Most Workers Comp Claims Unreported

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