What Is Workers’ Compensation?

What Is Workers’ Compensation?

If you have been injured at work, you have probably heard the term workers’ compensation, but many people are not entirely sure what it is or why it exists.  The purpose of workers’ compensation is simple: To provide medical care and financial support to workers who are injured while performing their jobs. It recognizes that workplace injuries occur and that employees should not be left without medical treatment or income simply because they were injured while helping their employer operate its business.  In return, the employer is protected from being sued for negligence and the monetary damages allowed with a personal injury claim-but workers’ compensation did not always exist.

Why Was Workers’ Compensation Created?

Before workers’ compensation laws were enacted, an injured worker often had only one option: sue their employer under a tort theory. Unfortunately, that system rarely worked well for injured workers. To recover compensation, the worker typically had to prove that the employer was at fault. Employers, in turn, had a variety of legal defenses available to them.

For example, if a worker was injured performing a dangerous job, the employer could argue that the worker had voluntarily assumed the risks associated with that work. If the worker was even partially responsible for the accident, recovery could be barred altogether.  If the injury was caused by the worker (e.g., they lost their footing and fell off a scaffold), then the injured worker was left out in the cold.  As a result, many workers who suffered serious injuries on the job received little or no compensation for their medical bills, lost wages, or permanent disabilities since the employer was not at fault and did not cause said injury.

Now, with workers’ compensation laws in place, instead of an injured worker having to prove that his employer was negligent in some duty owed him (and showing that they were totally blame free), the primary questions are:

• Did the worker suffer an injury?
• Did the injury arise out of and occur during the course of employment?
• Was the injury properly reported?
• Was the injury the result of employee willful misconduct?

If the answer to questions 1-3 is yes, and the answer to 4 is no, then workers’ compensation benefits are often available regardless of who caused the accident as our workers compensation system is Alabama is essentially a “no fault” system.  That means that even in the situation where a worker inadvertently causes or sets into motion the events which lead to their job injury, they are still entitled to Alabama workers compensation benefits.  Now if the worker was goofing off, the injury was caused by the worker being under the influence of alcohol or drugs or not doing their job duties, the injury would not be covered-and it shouldn’t be, but pretty much any other type of injury would be covered.

What Benefits Does Workers’ Compensation Provide?

If a worker suffers a compensable job injury in Alabama, workers’ compensation provides several important benefits to the injured worker.

Medical Treatment

The employer, through its workers’ compensation insurance carrier, is generally responsible for paying for all reasonably necessary medical treatment related to the work injury.

This can include:

• doctor visits
• surgery
• physical therapy
• prescription medications
• diagnostic testing such as MRIs
• mileage reimbursement

Weekly Disability Benefits

If a doctor takes an injured worker off work, or places physical restrictions on the injured worker which the employer cannot accommodate, workers’ compensation provides weekly disability benefits until the worker is able to return to work, or reaches maximum medical improvement (mmi). These benefits are called temporary total disability (ttd) or temporary partial disability (tpd) benefits.

Mileage Reimbursement

Workers may also be entitled to reimbursement for mileage incurred while traveling to and from authorized medical appointments and pharmacies.

Permanent Disability Benefits

If a work injury results in a permanent impairment or disability, the injured worker is entitled to additional compensation based upon the nature and extent of the injury.

What Does the Worker Give Up?

Workers’ compensation is often described as a grand compromise. In exchange for receiving benefits without having to prove fault on the part of the employer, injured workers generally give up the right to sue their employer for ordinary negligence and cannot recover damages for pain and suffering, mental anguish or receive punitive damages through a workers’ compensation claim-which greatly benefits employers; although, if the employer’s actions rise to a level of wanton conduct (actions taken with a conscious and reckless disregard for the safety or rights of others) on their part-a personal injury claim is also possible.

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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