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DELIVERING JUSTICE TO THE INJURED

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» Workers Compensation

Workers Compensation

IF YOU ARE INJURED AT WORK IN ALABAMA:

  • Injuries must be reported immediately to your supervisor, boss or employer.
  • Your supervisor/employer should inform you about which doctor you can see for your work related injury in Alabama.


IN GENERAL -

To be covered under workerman comp, the employer’s business must be covered by the work comp law. Covered business usually consist of five or more employees.

Those not included are:

  • Owner/operator or leased operator of common carriers engaged in interstate commerce
  • Servants
  • Casual employees
  • Farm laborers
  • And U.S. and State government.

A work comp injury must result from an accident –an unexpected or unforeseen event that causes physical harm. The accident must occur in the scope of employment.

If injured on the job, notice of the accident must be given to the employer.

WAITING PERIOD IN ALABAMA – In cases of temporary total or temporary partial disability, no compensation shall be allowed for the first three days after disability, nor in any case, unless the employer has actual knowledge of the injury or is notified thereof within the period specified. Compensation shall begin with the fourth day after disability, and in the event the disability from the injury exists for a period as much as 21 days, compensation for the first three days after the injury shall be added to and payable with the first installment due the employee after the expiration of the 21 days.

EXCEPTIONS – Circumstances which may negate an employee’s claim for benefits:

  • Employee misconduct
  • Third person or fellow employee causes the accident for personal reasons.
  • Intent to harm, injure or kill oneself
  • Intoxication from alcohol or use of illegal drugs.
  • Failure to use company provided safety appliances.
  • Refusal to perform a statutory duty.
  • Employee’s willful breach of a rule/regulation

LIMITATIONS – The following types of claims cannot exceed the time period shown:

Death 500 weeks
Permanent Unlimited
Permanent Partial Body 300 weeks
Temporary Total Unlimited
Temporary Partial 300 weeks

STATUTE OF LIMITATIONS – There is typically a two year statue of limitations on all injury claims in Alabama which start the day of accident or the day of discovery.

BURIAL EXPENSES -The employer is responsible for the burial amount (not exceeding $3,000) toward the burial expenses. This liability is not reduced by reason of private burial insurance carried by the deceased.

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