What Are My Rights after suffering a Job Injury in Alabama Job Injury Lawyer What Are My Rights? Pretty much every day, one of our attorneys will speak with an injured worker on the phone, and shortly after explaining to us how they were hurt at work, we are asked “What Are My Rights?” In the next few blogs, we will attempt to provide a short guide to your rights under the Alabama Workers Compensation system and answer a few common questions.
The first question we have to ask is do you have a compensable claim, as in Alabama, there are certain hurdles which must be cleared to have a valid workers compensation claim. First, you must be an employee of the defendant; full time or part time-it doesn’t matter. As long as your employer has 5 or more workers regularly employed, then by law they are supposed to have workers compensation coverage. The second hurdle you must clear is (i) showing that you suffered a job injury (ii) while performing your job duties. Injuries cause by goofing off or willful misconduct are not covered (however, a positive drug test does not mean that you are automatically disqualified).
Next, you must inform your employer of the fact that you suffered a job injury and need medical treatment within a certain time frame. Per Alabama law, as long as you inform you employer of these facts within 90 days, you have met the notice requirement, but it is always safest to inform your employer as soon as possible. Once you have informed your employer of these facts, your employer has an obligation to report your job injury to the Alabama Department of Labor. Last, you must be able to show that the injury you are complaining of was the result of your job injury. If you had a preexisting condition which was made worse as the result of a job injury, the worsened injury will most likely be covered.
If you have suffered a work injury and you have questions about your right to Alabama workers’ compensation benefits, don’t hesitate to contact Powell and Denny and speak with one of the experienced workers compensation lawyers and schedule a free consultation and let us see if we can help. Appointments are available in person, or virtually through Zoom for your convenience from wherever you live.
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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 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 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.
Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry
+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Dothan, Alabaster, Pelham, Trussville and towns and cities in between.
What Are My Rights after suffering a Job Injury in Alabama