If you are injured on the job in Montgomery, Alabama, you have a right to medical care and lost wages. Under the Alabama Workers’ Compensation Act, most employers must have insurance to pay for your recovery. Our Montgomery workers’ compensation lawyer can help you gather evidence and file for benefits.
We know that a workplace accident can make it hard to pay your bills. The law is there to protect you, but the insurance company may not always tell you everything you are entitled to receive. You do not have to prove your boss did something wrong to get these benefits. You only need to show that your injury happened while you were doing your job.
What Is Workers’ Compensation Insurance in Alabama?
Workers’ comp insurance in Alabama is a type of insurance that covers medical bills and a portion of lost wages for people injured on the job. If a worker suffers a physical injury or repetitive motion strain at work, this insurance covers the necessary treatment.
Alabama law, specifically Alabama Code Title 25, Chapter 5, sets the rules for these cases. This law was created to ensure workers receive prompt medical care without having to sue their employers.
Which Alabama Employers Are Required to Carry Workers’ Comp?
In Alabama, any business that employs five or more people must have workers’ compensation insurance. This count includes full-time workers, part-time workers, and even some corporate officers. If a business has five or more employees, it must follow the state law and provide coverage.
There are some exceptions to this rule. Businesses with fewer than five employees are not required to purchase insurance, though they may choose to do so. Other groups that are often exempt include:
- Domestic servants (like housekeepers)
- Casual employees (people hired for a very short, one-time task)
- Farm laborers
- Real estate agents
If an employer doesn’t have insurance, they can face heavy fines and may be sued directly by an injured worker.
What Does Workers’ Comp Insurance Actually Cover in Alabama?
Alabama law covers “accidents” and “occupational diseases.” To qualify, the injury must arise out of and in the course of your employment.
- Medical Care: This includes doctor visits, hospital stays, physical therapy, and prescriptions.
- Lost Wages: If you cannot work for more than three days, you can receive weekly checks.
- Death Benefits: If a worker dies from a job-related injury, their dependents may receive financial help.
What Happens When You File a Workers’ Comp Claim in Montgomery?
The process starts as soon as you get hurt. The most important step is to tell your supervisor immediately. Under Alabama law, you should give notice within five days, but you must give notice within 90 days to keep your right to benefits.
Once you report the injury, your employer will file a “First Report of Injury” with their insurance company and the Alabama Department of Labor. The insurance company will then assign an adjuster to your case. This person decides if the claim is approved.
In Montgomery, your employer has the right to choose your doctor. If you go to your own doctor without permission, the insurance company might refuse to pay those bills. You must use the “authorized treating physician” for your medical care to stay covered.
Why Do Alabama Workers’ Comp Claims Get Denied?
Insurance companies are businesses that want to save money. They may deny your claim for several reasons:
- Missed Deadlines: You waited too long to report the injury to your boss.
- Off-site Injuries: The company claims you were not actually working when the injury happened.
- Pre-existing Conditions: They argue your pain is from an old injury or just getting older, not from a work accident.
- Disputes Over Employment: They claim you are an independent contractor rather than an employee.
What to Do If Your Workers’ Comp Claim Is Denied in Alabama
If you receive a denial letter, you have the right to challenge the decision. Most disputes in Montgomery are handled through the Alabama Department of Labor’s Workers’ Compensation Division or through the civil court system.
You can request a benefit review or file a formal lawsuit to have a judge decide. This is when having a legal professional becomes very helpful. You will need to gather medical evidence and witness statements to prove the insurance company is wrong.
Can You Be Fired for Filing a Workers’ Comp Claim in Alabama?
Many people fear they will lose their jobs if they report an injury. Alabama Code § 25-5-11.1 protects workers from being fired just because they filed a claim. This is called “retaliatory discharge.”
If an employer fires you because you asked for workers’ comp benefits, you can sue them for damages. However, an employer can still fire you for other reasons, such as breaking company rules or having your position eliminated. Proving why you were fired can be difficult, which is why having a legal record of your injury is so important.
What Benefits Can Injured Workers Receive Under Alabama Workers’ Comp?
The amount of money you get for lost wages is based on your “Average Weekly Wage.” Usually, you get 66 and 2/3 percent of what you were making before you got hurt. The state sets maximum and minimum limits every year.
Benefits are split into categories:
- Temporary Total Disability (TTD):For when you cannot work at all while recovering.
- Permanent Partial Disability (PPD): For when you have a lasting injury but can still do some work.
- Permanent Total Disability (PTD): For when you can never return to any type of gainful employment.
When Should You Hire a Montgomery Workers’ Compensation Lawyer?
You might not need a lawyer if your injury is minor and the insurance company pays everything on time. However, you should talk to a lawyer if:
- The insurance company denies your claim.
- The doctor says you can go back to work, but you are still in pain.
- You suffered a permanent injury or disability.
- Your employer threatens to fire you.
- You are not receiving the correct amount in your weekly checks.
Contact Our Montgomery Workers’ Compensation Lawyer
If you have been hurt on the job, do not wait for the insurance company to make the first move. They have lawyers looking out for them, and you deserve to have someone looking out for you. We understand the local courts in Montgomery and the specific rules of workers’ comp insurance in Alabama.
Contact our experienced attorneys at Hunter | Everage at 704-377-9157 to request a free case review. We can review your medical records, help you file your claim, and represent you in court if necessary.
