Workers Compensation and Coronavirus
This article is sad, and shows how very little most politicians know-or care-about injured workers or workers’ compensation benefits.
Workers are told to get back to work, but then politicians want to prevent them from receiving workers’ compensation benefits should they incur COVID-19. In their rush to please businesses (way too often whom they see as their true constituents), politicians are wont to forget about injured workers.
It’s not like injured workers make a lot of money off comp claims. Unlike general tort (personal injury) claims, compensation for injured workers is severely restricted.
In a nut-shell, Alabama’s Workers’ Compensation Statute gets rid of liability based on fault in job related injuries and instead approaches the injury in a no-fault manner. Now, 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), all a worker has to show is that (i) he/she suffered a work related injury (ii) while performing their job duties and (iii) that timely notice of said injury was provided to their employer. In Alabama, if a worker can show this, then their employer must pay for (a) all of the workers’ reasonably necessary medical treatment, (b) reimburse the worker for mileage in driving back and forth for medical treatment or to receive medications; (c) pay the worker 2/3rds of their average weekly wage when off work pursuant to the advice of a physician treating them for their job injuries (until the date they reach maximum medical improvement) and (d) pay compensation to the injured worker for any permanent physical impairment sustained as a result of an on-the-job injury.
In exchange for forcing the employer to bear the financial burden when an employee is injured at the job site, the injured worker gives up certain rights and benefits-including the right to compensation for pain and suffering and punitive damages. So you can see, businesses are already greatly benefiting from the existence of workers’ compensation laws and are not in need of further “protection,” especially at the risk to their employees.
If you have suffered a work related injury and have questions about Alabama Workers’ Compensation benefits, contact and speak with one of the experienced Alabama Workers Compensation Attorneys at Powell and Denny today for a Free Consultation; and remember, virtual appointments are available via Zoom to better protect you.
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Offices in Birmingham, Alabama and Huntsville, AL
Alabama Workers Compensation Attorneys
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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 6 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
+ 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 and towns and cities in between.
Workers Compensation and Coronavirus