Mobile, AL, Work Injury Lawyer

While accidents can happen anywhere, the workplace is one of the most common places. This is why a lot of emphasis is placed on minimizing workplace hazards and general occupational safety. Even with care, accidents can happen, so it’s crucial to have measures in place to help injured workers after a mishap. In Mobile, such provisions are included in the Alabama Workers’ Compensation Act.

Per the Act, employers with 5 or more employees must obtain insurance to protect injured workers following an on-the-job accident. To qualify for monetary benefits under this system, the workplace accident must have been unexpected or unforeseen. Furthermore, you must have been performing your job-related duties when the mishap happened and must inform your employer about it.

Do you meet the above requirements for workers’ compensation in Mobile, Alabama? Then, our Mobile, AL, work injury lawyer can step in to ensure that you enjoy a seamless workers’ compensation process.

What’s the Difference between Personal Injury Cases and Workers’ Compensation Claims?

Determining the Likely At-Fault Parties for Your Workplace Injury

Workers’ compensation and personal injury claims have one primary element in common—they provide financial benefits for injured claimants. However, approaching them in the same way can be detrimental to your case, because they’re also different in many ways. Apart from the fact that workers’ compensation is strictly for employees, below are other essential differences between these types of claims:

The Fault System 

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.

Obtainable Compensation 

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.

The Exclusivity Doctrine 

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.

Can I Pursue a Claim Outside the Workers’ Compensation System?

Exploring the Several Exceptions to Alabama’s Exclusive Remedy Law

While the general rule is to seek workers’ compensation for on-the-job injuries, injured employees can file personal injury lawsuits in certain situations. These include:

Intentional Torts and Gross Negligence 

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.

Third-Party Liability 

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.

Uninsured Employer

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.

What Actions Should I Take after a Workplace Injury?

How to Kickstart the Compensation Process after an On-the-Job Accident

The following steps are necessary when seeking workers’ compensation benefits in Mobile, Alabama:

Notify 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.

Seek Medical Attention and Adhere to Your Treatment Plan

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.

Speak to Our Work Injury Lawyers in Mobile, Alabama 

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.

Why Choose Us?

Our Mobile, Alabama, Workers’ Compensation Attorneys Are Committed to Achieving Successful Outcomes for Our Clients

Our Mobile, Alabama, work injury lawyers remain focused on delivering premium legal services to our clients. We translate our deep understanding of Alabama’s workers’ compensation laws into a personalized representation that puts your mind at ease. Coupled with our proven track records of securing maximum benefits for injured employees, we make a perfect choice of attorneys for results-oriented clients.

The work injury lawyers at our law firm express their commitment to delivering the best outcomes by:

• Empathizing with your pain and offering our legal services with compassion
• Paying undivided attention to your case
• Offering our services on a contingency basis (you don’t pay anything until we win your case)
• Fighting for nothing less than the highest possible compensation on your behalf
• Aggressively advocating for your best interests in a lawsuit.

At Caldwell Wenzel and Asthana, PC, our attorneys walk the talk. You can trust us to follow through with our promises and ensure you receive your deserved benefits speedily.

Frequently Asked Questions

Our Experienced Mobile, Alabama, Work Injury Lawyer Answers Pressing Questions about Workers’ Comp Claims

Workers’ compensation cases can be tricky and trigger several fears and concerns for the injured employee. That’s why we’re committed to providing answers to the common gray areas that injured workers often have, including:

What Is the Statute of Limitations for Work Injury Claims in Mobile, Alabama?

Injured employees in Alabama must take action to receive compensation within 2 years from the date of the accident. This statute of limitations applies to workers’ compensation claims and third-party personal injury cases. Persons who fail to do this will be barred from claiming damages for their on-the-job injuries.

How Do I Know My Injury Is Covered under Workers’ Compensation? 

Alabama’s workers’ compensation system covers a wide range of on-the-job injuries, including physical and mental harm. Common ones include bone fractures, spinal cord injuries, back pain, burn injuries, soft tissue injuries, amputation, and brain injuries. If you’re confused about the status of your injuries, reach out to our experienced work injury attorney for guidance.

Why Was My Workers’ Compensation Claim Denied?

There are many valid reasons why a workers’ compensation claim may be denied in Mobile, Alabama. For example, the employer may allege that the accident cannot be classified as a work injury. They can also dispute the extent of your injuries or claim that it was caused by your negligence. Our work injury lawyers can access your case to determine if your claim was wrongfully denied and take action.

How Long Do I Have to Wait to Receive My Settlement Sum? 

There is no clear-cut answer to this question as time frames differ from case to case. Generally, several factors such as the employer’s willingness to settle and the complexities involved determine the time frame for settlement. However, working with our workers’ compensation attorneys can make the process easier and faster.

Contact Our Work Injury Attorney in Mobile, Alabama ASAP!

We Can Be Your Voice in These Trying Times

While the rationale behind Alabama’s Workers’ Compensation Act is laudable, it does not produce a perfect system. Oftentimes, injured workers find the process to be too complex to navigate and end up settling for less than they deserve. Fortunately, this doesn’t have to be your story. That’s especially true when you have the backing of the experienced work injury attorneys at Caldwell Wenzel and Asthana, PC.

As formidable workers’ compensation lawyers, our legal team is confident in our ability to produce the best results in your case. We’ll ensure that you receive your maximum benefits without delay and seamlessly while you focus on your recovery.