Alabama Workers Compensation Questions: (34) Am I entitled to Money for Pain and Suffering?
No. Workers who have experienced job injuries are entitled to those benefits set forth in Alabama’s Workers Compensation Statue and only those benefits prescribed by the Legislature; pain and suffering is not one such benefit. In Alabama, if a worker has suffered a permanent injury, then their employer must pay for (a) all of the workers’ reasonably necessary medical treatment, (b) reimburse the worker for mileage in driving back and forth for medical treatment or to receive medications; (c) pay the worker 2/3rds of their average weekly wage when off work pursuant to the advice of a physician treating them for their job injuries (until the date they reach maximum medical improvement), (d) pay compensation to the injured worker for any permanent physical impairment sustained as a result of an on-the-job injury and (e) they are entitled to lifetime medical care directly attributed to their job injury. Depending on the type of injury they have suffered, the injured worker may also be entitled to vocational considerations.
You have to remember that Alabama’s workers compensation law is basically a “no fault” system. The employer does not have to be at fault for the workers’ injury as long as the worker sustained their job injury while performing their job duties and was not under the influence of drugs/alcohol or goofing off. Even if the employee’s negligence led to the injury, the employer is responsible under our workers compensation system. In exchange for forcing the employer to bear the financial burden when an employee is injured on the job, the injured worker gives up certain rights and benefits-including the right to compensation for pain and suffering or mental anguish.
Workers compensation claims are not like other personal injury type claims, that is why you need to speak with an attorney who has experience handling Alabama Workers Compensation claims, not at attorney who may handle one every now and then.
If you live in Alabama and you have questions about what benefits you are entitled to receive under Alabama’s Workers Comp Statute, don’t hesitate to contact one of the experienced Alabama Workers Compensation Lawyers at Powell and Denny today.
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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 5 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.
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