A workplace injury can have devastating effects on your life. If you have had the misfortune of experiencing a workplace accident that has resulted in injuries, it is vital to speak to an experienced Birmingham workplace injury attorney. You might be eligible to file a worker’s compensation claim, and get the compensation you deserve.
Gathings Law is a firm with tried-and-true litigation expertise: We offer a full suite of personal injury lawsuit services. We understand the impact an injury at work can have on someone, and how to expertly compile solid workers’ compensation claims. We are passionate about representing our client’s claims with compassion and care.
What Is Considered a Workplace Injury?
Workplace accidents and injuries are when an employee is injured during employment or directly from their workplace. These types of injuries can range from severe to moderate.
To be considered a job-related injury, the injury will need to consist of one of the following criteria:
- Any fatality on the job.
- Any work-related injury or illness that causes a loss of consciousness, days away from work, restricted work, or a job transfer.
- Any work-related injury or illness that necessitates medical attention beyond first aid.
- Any diagnosed case of cancer, chronic irreversible disease, fractured or cracked bones or teeth, or punctured eardrums due to work.
- Unique recording criteria are also in place for work-related cases involving needle stick injuries, hearing impairment, and tuberculosis.
Common Workplace Injuries
The type of workplace often determines the most common kind of injury. Whether you work on-site or off-site—or in a formal setting—work injuries can and do occur.
- Construction Site Accidents. Construction and job site injuries are common as there are often various elements that could go wrong when on-site. These include falling materials, defective equipment, negligent co-workers or site technicians, and lack of safety gear.
- Vehicle Accidents. Vehicle accidents are often a gray area in some circumstances: If you have been injured on your daily commute to and from work, you are not likely to be eligible to submit a Birmingham workplace injuries claim. As workplace injury cases are directly related to your work or work environment, you will most likely only be able to claim for a vehicle injury if you are injured in or with a vehicle during work hours.
If a negligent driver injured you while on duty, you might be able to file for both a worker’s compensation claim and an auto accident claim against the other party. To fully understand your rights and where you stand with a vehicle accident in the workplace, speak to a qualified Birmingham worker’s compensation lawyer for the best advice suited to your case.
- Slip and Fall Accidents. Perhaps the most common type of injury, slip and fall accidents happen due to wet floors, improperly maintained work environments, and situations where safety guidelines are not followed. These accidents can have long-lasting effects, such as chronic pain.
- Farm Accidents. Injured workers on farms are often seriously considered as heavy and dangerous equipment is often used in this setting. These claims might fall under a different category as many farmworkers are contract employees and might not be covered under workers’ compensation. To find out more about this, speak to an experienced legal representative.
- Industrial Accidents. These accidents often result in severe injuries and can even be fatal.
Other Types of Work-Related Injuries
Many different types of injuries can occur while at work. These distinctions can help your worker’s compensation lawyer understand what claim to file.
- Unsafe Working Environment. Trip and fall claims are often a result of this, or in cases where building codes are not adhered to and safety precautions are not taken.
- Occupational Illness. Workers who deal with chemicals or toxins, or within the healthcare industry, could become sick and deal with health complications.
Why Use a Personal Injury Law Firm?
Personal injury cases are complex. They can involve many different aspects that you might not initially expect. A worker’s compensation attorney can help you understand your rights, and fight for fair and full compensation.
Many law firms offer free case evaluation or free legal consultation as part of the legal process to help you establish the right path of action before committing to a claim. For this reason and more, it’s in your interest to pursue proper legal representation for your case.
What Causes Workplace Injuries?
There are many different causes of a work-related injury. When you file a workers’ compensation claim, you will need to note the cause of work injury and submit a range of reports.
If you have been injured at work, don’t hesitate to contact Gathings Law for a free consultation. We have a dedicated work injury lawyer ready and prepared to represent you and your case to secure the compensation you rightfully deserve.
The Law and Workers’ Compensation in Birmingham, AL
Alabama has a solid and dedicated workforce, so the state offers several workers’ compensation benefits. It is vital to know the basics in the event you ever need to file a personal injury claim due to being injured at work. With this knowledge, you will better know what to expect.
Some laws regulate the amount of financial compensation that you can claim and the timeframe to recover money. This is why it is recommended that you work with dedicated workers’ compensation lawyers to ensure that you are adequately compensated with maximum benefits.
The Statute of Limitations for Workplace Injuries
You have two (2) years from the date of your job injury or two (2) years from the last time you received temporary total disability benefits (whichever comes first) to file your personal injury lawsuit. This allows for enough time to establish the cause of injury and collect enough data that will pertain to any long-term disability resulting from the damage.
However, if you are filing claims with an insurance company, it is vital to file them as soon as possible to ensure compensation.
How Do I Get Compensation for Injury at Work?
Each company will have its own rules and regulations surrounding workers’ compensation. It is crucial to take note of whether you carry workers’ compensation insurance as part of your employment contract. This means that a portion of your insurance payments goes toward workers’ compensation benefits. If your employer has more than five employees, you are most likely to be covered for workers’ compensation in Alabama.
Alabama worker’s compensation laws are strict and ensure that the workforce of Alabama is safe and looked after. There are different types of workers’ comp benefits that you can claim. These include:
- Medical benefits. This will cover medical expenses, such as medical bills from the hospital for immediate and ongoing treatment
- Income benefits. For lost earnings and wages—or loss of ability to earn through permanent or temporary disability.
- Death benefits. In the event of death as a result of a workplace accident, death benefits will be paid out in a wrongful death claim.
- Burial benefits. Benefits paid out to the family of the deceased to cover the cost of burial.
Filing the Claim
When you are filing your workers’ compensation claim, it is critical to follow the correct procedures. An experienced Birmingham workers’ compensation lawyer can help you understand the steps you will need to observe, and guide you through filing your workers’ comp claim.
The correct procedure when filing a claim, whether you are using a personal injury law firm as your advocate or not, is as follows:
- First and foremost, contact your employer as soon as the injury or illness happens.
- Seek medical treatment immediately—this is a vital part of the process as it forms part of your evidence that needs to be submitted with your claim.
- The date, time, kind of injury, and how the injury occurred must all be included in your report.
- Submit a workers’ compensation claim to your employer’s workers comp insurance provider.
- To prove the existence of injury or disease, you must undergo a medical examination.
If any complications arise or the process is too much for you to handle on your own, it’s best to get in touch with a Birmingham workers’ compensation attorney. They will be able to advise you about relevant information that will impact your case as well as how to proceed.
Gathings Law: Birmingham Workers’ Compensation Attorneys
At Gathings Law, we have more than 20 years of experience working with the people of Alabama. We pride ourselves on the compassionate representation and care we offer each of our clients. Get in touch with one of our personal injury lawyers for a free initial consultation—and get started building your workers’ compensation case today.