What Are Your Rights If You Are Totally Disabled After a Work Injury in Alabama

What Are Your Rights If You Are Totally Disabled After a Work Injury?

Being described as “totally disabled” under Alabama workers’ compensation law does not mean that a person is helpless or unable to perform any activity. Instead, it is a legal term that refers to an injured worker’s ability to earn a living after a job-related injury.

Under Alabama law, an employee is considered permanently and totally disabled when a work injury prevents the worker from returning to their prior job and from engaging in other reasonably gainful employment. “Reasonably gainful employment” means work that is compatible with the worker’s age, education, work history, skills, and physical or mental limitations and rate of pay—not just any job that exists in theory.

For example, an individual with limited formal education who has spent a lifetime performing physically demanding work may be considered totally disabled if a work injury permanently prevents physical labor. Likewise, total disability may exist when a job injury causes serious psychological conditions, cognitive limitations, or when required medications produce side effects that prevent reliable, full-time employment.

If an injured worker is found to be permanently and totally disabled, workers’ compensation benefits can be substantial. In most cases, the worker is entitled to weekly benefits equal to two-thirds of the average weekly wage, paid for as long as the total disability continues. In addition, the employer and insurance carrier remain responsible for all reasonably necessary medical treatment related to the work injury.

A finding of permanent total disability under workers’ compensation law may also support a claim for Social Security Disability benefits. However, these two systems operate under different rules, and decisions made in a workers’ compensation case—particularly settlements—can significantly affect Social Security benefits. Improperly structured settlements may reduce or delay disability payments under federal law.

When a work injury results in permanent total disability, the legal and financial consequences are long-term. Understanding how workers’ compensation benefits and Social Security Disability benefits interact is critical to protecting an injured worker’s future.

If you have suffered a job injury or been denied in your application for Social Security Disability benefits and you have questions about your rights, please do not hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability Lawyers at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live. And remember, there is no fee unless you win.

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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 and included in the list as one of the Mid-South’s Super Lawyers.

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, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

What Are Your Rights If You Are Totally Disabled After a Work Injury