How Does Workers Comp Work in Alabama?

There are specific processes when it comes to filing an Alabama workers’ compensation claim. If your claim is for Florida, see this article instead: How Does Workers Comp Work in Florida?

First, it is critical that you file an injury notice immediately. Failing to do so can put the future of your claim at risk because it may appear to your employer and their insurance company that you were not actually injured on the job, but could have been hurt somewhere else and are trying to seek compensation for that injury. As a result, the sooner you file your injury claim – the better. Once you have done so, your employer is going to direct you to a specific medical provider to be examined. This doctor will then refer you to any necessary specialist. As long as they are the doctor that is referring you to a specialist for additional procedures, your employer is obligated to pay those medical bills. This is important to note because if you decide to see a specialist on your own without this referral, your employer may not be obligated to pay any of your medical bills.

Employer Rights

Even if you were the one injured, your employer has certain rights.

  • Your employer can request that you receive a medical examination at any time and you would be obligated to comply.
  • Your employer has the right to direct care through their approved physician.
  • Your employer has the right to ask you to take a drug and alcohol test and then deny your claim if they turn out positive.
  • Your employer can decide to pay your normal salary instead of paying you workers compensation, so long as they follow reporting protocols.

If your employer exercising any of their rights puts you in jeopardy, you should call our office to speak with an attorney.

Claim Denials

If the insurance company has denied your workers compensation claim, you still have options. Your best course of action is to hire an attorney that can work with you to try and have the denial overturned.

Workers Compensation: What You Will Receive

Once your workers’ compensation claim is approved, there is a 3-day waiting period before you will receive any compensation. Once this is over, you will receive 66 2/3% of what your wages were previously. However, this is subject to the guidelines relating to minimum and maximum compensation.  Your treating physician also has a role to play in determining your total amount of compensation because they have to authorize you for a certain number of missed days from work. Know that your check should arrive without delay once the amount has been approved by the insurance company.

More Facts About Alabama Workers’ Compensation Laws

  • You can go through the dispute resolution process if you believe that you are not being treated fairly.
  • An employer cannot buy workers compensation insurance and make an employee pay for it. If that has happened to you, you should report it.

Schedule a Consultation

If you have been injured on the job, call our office to schedule a consultation to learn more about workers’ compensation laws in Alabama.

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