Experienced Attorney Assisting Injured Workers in Huntsville, Decatur and all Northern Alabama
If you or a loved one are injured on-the-job, you could be entitled to compensation. Please call (800) 621-3591 or contact us today to speak to an Alabama workers’ compensation attorney in Decatur or Huntsville, Alabama.
Under Alabama law, both accidental and nonaccidental injuries are covered. Heart attack, stroke, and other ailments are all entitled to compensation, in certain situations. You are required to provide proper notice of your accident to your employer. Contact us today to speak to an attorney to ensure you do not forfeit your right to compensation.
The accident does not have to be your employer’s fault to qualify for compensation. All that is required to recover is that the accident happened in the course of your employment and you gave proper notice to your employer. You must give written notice unless your employer has actual notice.
Accidents and injuries that arise out of your employment or in the course of your employment that qualify are compensable. Where you are located when the accident or injury occurs is not determinative of whether or not you are entitled to compensation. Accidents that occur when you are not at your employer’s facility are compensable, if you were in the course of your employment at the time of the accident.
Qualifying compensable occupational diseases, include the following:
- Loss of hearing
- Emphysema
- Cancer
- Asthma
- Bronchitis
Medical Benefits
Alabama law requires employers to pay for reasonably necessary medical care for on-the-job injuries. Except for emergency situations, your employer is entitled to notice that you are seeking medical treatment. Covered medical costs include:
- Medical and surgical treatment
- Physical rehabilitation
- Medicine
- Crutches
- Medical and surgical supplies
- Artificial members
- Other apparatus
Compensation Benefits
Your average weekly wage and type and degree of disability will determine the amount of compensation you are entitled to. Compensation may be paid in a lump sum, weekly intervals, or in the intervals you were previously paid. A lump sum payment may be ordered by the court as a penalty for late payment.
Temporary Disability Benefits
Temporary disability payments are made for the time you spend recuperating from your injury. The amount of compensation you receive for temporary disability depends on whether your disability is “total” or “partial.” Temporary total disability is more common. If you can perform some work for your employer during this period, you may be eligible for temporary partial disability. Temporary partial disability will be paid for up to 300 weeks.
Permanent Disability Benefits
You can be permanently totally disabled even though you returned to work. The type and amount of work you are able to perform after your injury are important in determining the disability. You do not have to be totally helpless or entirely physically disabled to be considered permanently and totally disabled. If there is not a stable market for the work you are able to perform after your injury, you are permanently totally disabled.
If your spouse has an injury arising out of and in the scope of their employment that causes their death, you and your children would be entitled to death benefits.
A later award of social security disability benefits will not directly impact your workers’ compensation benefits. The fact that you receive social security disability benefits can be considered in justifying an award of permanent total disability.
You are entitled to permanent partial disability benefits when you have permanent injuries that do not cause you to be permanently and totally disabled. Some of these injury benefits are limited to a set amount listed on a “schedule,” while others are “unscheduled.” Whether you return to work and the amount of your earnings after the injury are taken into account.
Please call (800) 621-3591 or contact us today to speak with an experienced workers’ compensation lawyer in Huntsville or Decatur, Alabama. We will give our honest evaluation of your situation so that you know what to expect.