Work Injury Attorneys in Mobile, Alabama

While personal injury cases are based on fault, workers’ compensation operates on a no-fault system. In other words, personal injury claimants must prove the defendants’ negligence in order to obtain compensation for their injuries. However, this is not the case in workers’ compensation claims—just showing that you sustained an on-the-job injury is enough.

There are notable differences between the financial benefits obtainable under personal injury law and the workers’ compensation system. Unlike in personal Injury cases, injured employees cannot receive workers’ comp payment for pain and suffering. There are also differences in how lost wages are paid under the systems.

For example, in personal injury cases, past and future lost earnings are calculated and paid at the end of the case. However, in workers’ compensation, lost income is classified as ongoing benefits and is calculated from the 4th day of being absent from work. Again, only a percentage of lost income is reimbursed in workers’ compensation cases.

Workers’ compensation is an exclusive remedy. In other words, employees under the system are not allowed to sue their employers for negligence. This is not the case in personal injury lawsuits, where claimants file against the at-fault party.

Workers’ compensation is not structured to be an escape route for grossly or intentionally negligent employers. If your employer knowingly put you in harm’s way, you can hold them accountable by filing a lawsuit against them. An example is when you were forced to work under glaringly dangerous conditions without safety equipment.

Sometimes your on-the-job injuries may be caused by someone other than your employer. In such cases, you can seek damages outside the workers’ compensation system using the negligent third-party liability. A common example is when a manufacturer is held liable for the production of the detective tool that caused your injuries.

While many employers in Alabama are mandated to obtain workers’ compensation, there are exceptions for farmers. In such cases, you can explore any other compensation plans your employer offers. However, if there are none, your best alternative may be to file a personal injury lawsuit against your employer.

Informing your employer about your work-related accident is one of the most essential requirements of every workers’ compensation claim. Ensure this is done in writing and within five days of the accident date. After this, your employer should notify the Alabama Workers’ Compensation Division of your claim within 15 days.

Visit the hospital immediately to receive treatment for your injuries. If your employer has a list of approved physicians, see one of them. Otherwise, you can visit a qualified doctor, especially in an emergency.

Also, merely visiting a hospital isn’t enough. Following through with your treatment plan is also a necessary part of your compensation claim.

The complexities and the sensitive nature of workers’ compensation claims make it necessary to hire the services of experienced attorneys. Our legal team can help you navigate the difficulties you may face in pursuing workers’ compensation. We’ll guide you through every aspect of your case, safeguarding your rights, and informing you of your options.