Every day in Alabama, a worker suffers some type of job injury; while most of the incidents are minor in nature and require only one or two visits to the workers’ compensation physician, it is not always easy to tell whether an injury is merely a sprained muscle or something which will require surgery. What you do immediately following any job injury could have long lasting results on you and any potential workers’ compensation claim. With this in mind, in the next few blogs, we will be discussing why you may need an Alabama Workers’ Compensation Attorney, if for no other reason than to ask questions, after you have suffered a job injury.
The second reason-NOTICE: If you believe that you have suffered an on the job injury, please be sure to report said injury as soon as possible-even if you do not believe it is serious. Often an injured worker is not sure if they have suffered a serious injury or just a sprain, so they do not report the injury at first, but only later file a workers’ compensation injury report when their pain refuses to go away. We have spoken to numerous people throughout Alabama who have called our office after being informed by workers comp or their employer that they had waited too long to report/give notice of their job injury and therefore they are not entitled to any workers’ compensation benefits. This is rarely true.
While it is true that according to Ala.Code §25-5-78, an injured workers is supposed to provide written notice of a workplace injury within 5 days of the on-the-job injury, but this section goes on to state that, in Alabama, a worker has up to 90 days in which to inform his employer about a job injury. An oral report is just as valid a notice means as a detailed written report.
Company policy cannot override law, so if your employer states that “…company policy mandates that all workers’ compensation injuries be reported within 2 days of the occurrence of said injury and since you did not do so you are not eligible for workers’ compensation benefits ” (which several injured workers have called to tell us over the years)-they are lying to you. Having stated this, it is always best to report a potential job injury as soon as possible.
If you have suffered a job related injury, but you have been informed that liability has been denied, don’t give up. Call and talk with one of the experienced Alabama Workers Comp Attorney at Powell and Denny today.
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Offices in Huntsville, AL and Birmingham, AL
Powell and Denny have been selected as one of the Best Law Firms in America by U.S. News and World Report for each of the last 5 years, selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years and the law firm of Powell and Denny, P.C. has been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs).
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Why You May Need an Alabama Workers Comp Attorney