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Workers’ Compensation Claims

Experienced Attorneys in Birmingham Manage Workers’ Compensation Claims

Knowledgeable assistance with claim disputes, appeals, and settlements

If you are hurt on the job in Alabama, you may have the right to workers’ compensation benefits to pay for your medical bills and rehabilitation and to partially replace your lost wages. Workers’ compensation is a no-fault insurance system, so you do not have to prove that anyone else was to blame, and you are eligible even if your own negligence caused your injury. Unfortunately, because injury claims can be costly, insurance companies often try to deny or limit benefits to injured workers. If you find yourself in a dispute with an employer or insurer over your workers’ comp claim, Powell & Denny, P.C. is prepare to help — our attorneys have more than 50 years of combined experience in this area of the law. We provide attentive and responsive counsel and tenacious representation to get the results you deserve.

Filing your workers’ compensation claim in Birmingham and Huntsville

If you are injured on the job, you must report the incident immediately to your employer. It’s best to give your employer notice within five days of an accident that causes injury or the manifestation of a work-related illness; if you delay longer than 90 days, you could lose your right to benefits.

In Alabama, your employer chooses the physician for your initial treatment. If you do not agree with the treatment plan, you can see a second physician from a panel of four your employer presents. See the doctor immediately to begin treatment. You are entitled to medical benefits covering all reasonable and necessary treatment for your work-related injury or illness.

You must also file a formal claim with your employer, who forwards the claim to the insurance company. If your work-related injury or illness prevents you from working, you are entitled to a wage replacement benefit. The amount of this benefit varies, but is generally around two-thirds of your average weekly wage.

Common workplace injuries and reasons for denied claims

Although certain occupations are inherently more dangerous, accidents can happen in any type of workplace, and repetitive stress injuries strike workers in offices as well as factories. Common workplace injuries result from:

Generally speaking, a worker with an employee-employer relationship to the company is covered if the injury occurs “in the course of employment” and “arises out of employment.” However, there are exceptions written into the law, which insurance companies try to exploit to deny benefits. These include:

  • When a worker’s willful misconduct causes the accident
  • When a third person or fellow employee causes injury for personal reasons
  • When the employee’s self-harm is deliberate
  • When the employee’s intoxication from alcohol or use of illegal drugs is the cause
  • When a worker willfully fails to use safety appliances provided by the employer
  • When a worker willfully refuses or neglects to act according to the law
  • When a worker knowingly and willfully breaches a reasonable rule or regulation of the employer

When an insurance company attempts to deny your claim based on an interpretation of events, we aggressively assert your rights, presenting the facts of your workplace accident in the best possible light for your claim.

There are numerous other types of disputes that can arise from your workplace injury, such as the choice of treating physician and treatment plan, your readiness to return to work, your partial disability rating, and your total disability settlement. For any and all issues related to workers’ compensation, you can rely on our firm to fight for your rights and deliver positive results.

Contact our Birmingham lawyers for help with your workers’ compensation claim

Powell & Denny, P.C. helps clients throughout Alabama obtain the maximum amount of workers’ compensation benefits for their work-related illness or injury. Our Birmingham office is at 1320 Alford Avenue, just off I-65, and we also have an office at 600 Boulevard South in Huntsville.  For attentive and responsive service, call 800-227-0882 or contact us online to schedule a free consultation.

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Our Office
  • Birmingham Office
    1320 Alford Avenue
    Suite 201
    Birmingham, Alabama 35226
    Phone: 205-978-2051
    Fax: 205-978-2054
  • Huntsville Office
    600 Boulevard South
    SW Suite 104
    Huntsville, Alabama 35802
    Phone: 256-705-3510
    Fax: 256-705-3513

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