What Should I Do If I’m Injured at Work in Alabama?

What Should I Do If I’m Injured at Work in Alabama?

A workplace injury can be overwhelming.  One minute you’re doing your job, and the next you’re wondering:

• Should I report the injury?
• Who pays my medical bills?
• Can I see my own doctor?
• How do I pay my bills if I am taken out of work?
• Will I lose my job?
• What if the insurance company denies my claim?

Unfortunately, many injured workers make decisions in the first few days after an accident that can affect their workers’ compensation claim for months—or even years.  The good news is that many of those problems can be avoided by taking the right steps from the very beginning.

Whether your injury seems minor or catastrophic, here are some practical steps every Alabama worker should consider after suffering a work-related injury.

1. Report the Injury Immediately

One of the biggest mistakes an injured worker can make is waiting to report an injury.

Under Alabama’s Workers’ Compensation Act, employees are generally required to give their employer notice of a workplace injury within certain time limits. Waiting too long can create unnecessary disputes about whether the injury actually occurred at work.

Just as important, report the injury, not simply the accident.

For example, don’t just tell your supervisor:

“I slipped.”

Instead, explain what happened and identify every part of your body that was injured.

For example: “I slipped while carrying equipment and injured my lower back, left shoulder, and right knee.”

Many injuries become more painful over the next several days. If you believe a body part was injured, mention it when reporting the incident.

Learn More: It’s an INJURY report, not an accident report

2. Seek Medical Treatment Promptly

Your health should always come first.  If your injury requires emergency medical treatment, seek emergency care immediately.

For non-emergency injuries, Alabama workers’ compensation law generally allows the employer or its workers’ compensation insurance carrier to select the authorized treating physician.

Many workers are surprised to learn that seeing their family doctor may not satisfy the workers’ compensation requirements for authorized medical treatment.

Learn More: Who Chooses My Doctor in an Alabama Workers’ Compensation Case?

3. Tell the Doctor About Every Injury

During your first medical appointment, be honest and thorough.  Describe in detail:

• every body part that hurts;
• how the injury occurred;
• when your symptoms began;
• whether the pain has changed since the accident.

Don’t assume a sore shoulder or aching knee will simply “work itself out.”  Medical records created during the early stages of a claim often become important evidence if questions arise later.

4. Follow Your Doctor’s Instructions

If your authorized treating physician places you on work restrictions, take those restrictions seriously.  Don’t return to activities your doctor has prohibited simply because you want to “tough it out.”

Likewise, attend your medical appointments, participate in recommended therapy when appropriate, and take prescribed medications as directed unless your physician advises otherwise.

Following your treatment plan not only promotes recovery but also helps create a clear medical record documenting your injury.

Learn More: What if My Employer Won’t Honor my Work Restrictions?

5. Understand Everyone’s Role

Soon after your injury, you may begin hearing from several different people.  Knowing who they represent can help avoid confusion.

The Insurance Adjuster

The adjuster administers your workers’ compensation claim on behalf of the insurance company.

Adjusters often coordinate medical treatment, wage benefits, and communication regarding your claim.

While many adjusters are professional and courteous, it is important to remember that they represent the workers’ compensation insurance carrier—not the injured worker.

Learn More: Should I Rely on Everything the Adjuster Tells Me?

The Nurse Case Manager

Some injured workers are assigned a nurse case manager.

A nurse case manager may assist with scheduling appointments, communicating with healthcare providers, and coordinating medical care.

However, the nurse case manager is typically retained by the insurance carrier. Although many nurses perform their responsibilities professionally, they are not your personal medical advocate or attorney-they work for the workers compensation insurance carrier.  Understanding each person’s role can help you make informed decisions throughout your claim.

Related Article: What Does a Nurse Case Manager Do in an Alabama Workers’ Compensation Case?

6. Read Documents Carefully Before Signing Them

During your claim, you may be asked to complete medical forms, employment documents, or insurance paperwork.  Take the time to read each document carefully.

If you do not understand what a document says or what rights it may affect, ask questions before signing.

There is rarely any benefit to signing paperwork you do not fully understand.

7. Keep Good Records

Good documentation can make resolving disputes much easier.  Consider keeping copies of:

• work restrictions;
• medical reports;
• prescriptions;
• mileage to medical appointments;
• receipts for out-of-pocket expenses;
• correspondence from the insurance company; and
• notes regarding conversations about your claim.

A simple folder—or even a digital file—can save considerable time later.

8. Be Honest About Your Symptoms

Some workers minimize their injuries because they hope to recover quickly; others unintentionally exaggerate symptoms out of frustration.

Neither approach is helpful.

Be honest with your doctors about what you are experiencing.  Accurate medical information helps your physician provide appropriate treatment and creates a reliable medical record.

9. Ask Questions If You Don’t Understand Something

Workers’ compensation law can be confusing.  Many workers have never dealt with an insurance adjuster, authorized treating physician, Functional Capacity Evaluation, or Maximum Medical Improvement.

If you have questions, you should ask someone who isn’t paid by the workers’ compensation insurance carrier. Not every worker’s compensation claim requires an attorney.

Many claims proceed smoothly.

However, legal advice may be helpful if:

• your claim is denied;
• medical treatment is delayed;
• you disagree with your work restrictions;
• your temporary disability benefits stop unexpectedly;
• you’re told to return to work before you believe you’re able;
• you suffer a serious or permanent injury; or
• you have questions about your rights.

Speaking with an attorney does not obligate you to file a lawsuit. Sometimes a brief consultation provides the information needed to move your claim forward with confidence.

Frequently Asked Questions

Should I report my injury if it seems minor?

Yes. Some injuries that initially appear minor become much more serious over time. Prompt reporting helps protect your rights and reduces disputes about when the injury occurred.

Can I go to my own doctor?

Sometimes, but Alabama workers’ compensation law generally allows the employer or insurance carrier to select the authorized treating physician for non-emergency care.

Learn More: Can I see My own Doctor?

What if my supervisor tells me not to report the injury?

You should understand your legal rights before deciding not to report a workplace injury. Delayed reporting can create significant legal issues.

Learn More: What to do If your Employer Refuses to Complete a First Report of Injury

Should I sign paperwork from the insurance company?

Read every document carefully. If you do not understand what a document means or how it may affect your rights, ask questions before signing.

The Bottom Line

The steps you take during the first few days after a workplace injury can have a lasting impact on both your recovery and your workers’ compensation claim. Promptly reporting the injury, obtaining appropriate medical treatment, following your physician’s recommendations, keeping good records, and understanding the roles of the people involved in your claim can help avoid unnecessary complications.

While every worker’s compensation case is different, being informed from the beginning is one of the best ways to protect your health and your legal rights.

At Powell and Denny, we have spent decades helping injured workers throughout Alabama navigate the complex issues that arise in workers’ compensation claims, so 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.

Powell and Denny: We Work When You Can’t

Offices in Birmingham and Huntsville, Alabama