In Alabama Workers’ Compensation Claims: It’s an Injury Report—Not an Accident Report

In Alabama Workers’ Compensation Claims: It’s an Injury Report—Not an Accident Report

If you have been hurt at work in Alabama, one of the most important things you can do is properly report your injury.  That may sound simple, but there is a distinction that often causes problems:

You must report an injury—not just an accident.

Why This Distinction Matters

Many injured workers believe that telling their employer they were involved in a workplace accident is enough to start a workers’ compensation claim.

Unfortunately, that is not always the case.

Under Alabama law, an employer is required to act when an employee reports that they have suffered a workplace injury. Simply reporting that an “accident” occurred does not always trigger that obligation.

In other words:

• Saying “I was in an accident” may not be enough
• Saying “I was hurt in that accident” is what matters

What Is an Injury Report?

An Injury Report (often called a First Report of Injury) is the document that begins the workers’ compensation process.

Once an employee reports that they were injured at work and needs medical treatment, the employer is supposed to:

• file a First Report of Injury with the Alabama Department of Labor, and
• notify their workers’ compensation insurance carrier

This is what officially starts your claim.

 

A Common Problem

We often speak with injured workers who say something like: “I told my supervisor about the accident, but nothing ever happened.”  When we ask whether they told their employer that they were actually injured, the answer is sometimes unclear.  This is where problems arise.

If your employer is not clearly informed that you were injured, they may not file the report, and your claim may be delayed or disputed.

What You Should Say

If you are hurt at work, be clear and direct.

You should tell your employer:

• that you were injured at work, and
• that you are requesting medical treatment

It is even better to put this in writing, if possible, so there is no confusion later.

Timing Matters

Under Alabama law, you generally have up to 90 days to report a work-related injury; however, it is always best to report the injury as soon as possible.

Waiting to report an injury can create issues later, especially if the employer or insurance company questions when or how the injury occurred.

The difference between reporting an “accident” and reporting an “injury” may seem minor, but it can have a significant impact on your workers’ compensation claim.

To protect your rights:

• be clear that you were injured at work
• request medical treatment
• and make sure your employer is aware that you are making a workers’ compensation claim.

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.

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Offices in Huntsville, AL and Birmingham, AL