What to do After Suffering a Job Injury in Alabama

What to do After Suffering a Job Injury in Alabama

Every day in Alabama, workers are injured while performing their job duties. Sometimes the injury is obvious—a fall from a ladder, pain immediately after lifting a heavy object, or a piece of machinery malfunctioning causing injury. Other times the injury may seem minor at first, only to become more serious as time passes.

Regardless of how severe the injury appears; there are several important steps you should take immediately after suffering a job injury in order to protect both your health and your right to Alabama workers’ compensation benefits.

1. Report the Injury to Your Employer

The most important step is to inform your employer that you were injured at work.

This may sound simple, but it is important to be clear about what you say. Under Alabama workers’ compensation law, your employer is required to file an injury report once they have been informed that an employee believes they were injured on the job. Simply telling your employer that you were involved in an accident may not be enough. You must clearly communicate that you believe you were injured in that work accident.

Additionally, just saying something like “I hurt my back while lifting the garbage” may seem as though you reported a workplace injury-but you could have hurt your back lifting garbage at home.  You must be sure to say that your injury occurred at work.

2. Provide Notice Within 90 Days

Under Alabama law, an injured worker has 90 days from the date of the injury to notify their employer of a work-related injury.

However, it is always best to report the injury immediately. Waiting can create problems later if questions arise about when or how the injury occurred or what occurred between the time of your injury and when the injury was initially reported.  For instance, reporting a job injury 2-weeks after a family vacation, saying the injury actually occurred prior to the vacation-will raise red flags.  Your employer-and their workers’ compensation insurance carrier-will look to see what you have done work wise and away from work when a job injury is not reported soon to the date of the occurrence, and this will only cause delay, when what you really need is medical care.

Many workers initially believe they have only suffered a minor strain or sprain and decide not to report it. Unfortunately, what seems minor at first can later turn out to be a more serious injury, such as a herniated disc or an occupational disease. Reporting the injury promptly helps protect your rights should the condition worsens.

Once notice of a work injury has been provided, your employer must:

• Notify the Alabama Department of Workforce (f/k/a Dept. of Labor)
• File a First Report of Injury
• Report the claim to their workers compensation insurance carrier

At that point, the workers’ compensation insurance carrier typically becomes involved in managing medical treatment and benefits.

3. Request Medical Treatment

Once you inform your employer that you were injured, request medical treatment.  If the incident is worth reporting, it is worth seeing a physician to ensure you receive the medical care required to return you to work in a safe and timely manner.

4. What if Your Employer Refuses to File an Injury Report?

Occasionally, an employer may refuse to file the required injury report after being informed that an employee was hurt at work.  If this happens, you can contact the Alabama Department of Workforce directly and report the situation.

The Alabama Department of Workforce can be reached at: (800) 528-5166 or (334) 956-4044

Once notified, the Department can contact the employer to ensure that the required injury report is filed.

5. Seek Advice if You have Questions

Most workers’ compensation claims proceed without major problems, but disputes can arise regarding issues such as:

• whether the injury occurred at work
• whether medical treatment should be authorized
• whether wage benefits should be paid
• Interactions with preexisting conditions

If questions or disputes arise about your rights under Alabama’s workers’ compensation laws, it may be helpful to speak with an attorney experienced in handling job injury claims.  You may not end up hiring an attorney, but the workers’ compensation insurance carrier has a host of attorneys from whom they that they can ask questions-injured workers should at least talk with an attorney experienced in Alabama’s workers’ compensation laws to answer their questions-as trusting the workers’ compensation adjuster can be risky.

Taking these steps early can help ensure that you receive the medical treatment and benefits you may be entitled to under Alabama’s workers’ compensation laws.

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.

Powell and Denny: We Work When You Can’t

Offices in Huntsville, AL and Birmingham, AL

Alabama Workers’ Compensation Attorneys

Birmingham Workers’ Compensation Lawyers

Central Alabama Workers’ Compensation Attorneys

Hoover Workers Compensation Lawyers

Huntsville Workers’ Compensation Attorneys

North Alabama Workers Compensation Lawyers

Tennessee Valley Workers Compensation Lawyers

 

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 7 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 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 and selected as a Lawyer of Distinction.

+ 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 to do After Suffering a Job Injury in Alabama