Alabama Workers' Compensation Lawyer – Randal S. Ford
If you’ve been injured at work in Alabama, you need a dedicated advocate to navigate the complexities of workers’ compensation law. Attorney Randal S. Ford offers experienced legal representation to ensure you receive the benefits you’re entitled to under Alabama law.
Types of Workers’ Compensation Benefits in Alabama
Under the Alabama Workers’ Compensation Act, injured workers may be entitled to various benefits:
Medical Benefits: Coverage for necessary medical treatment related to the work injury.
Compensation Benefits: Payments for lost wages due to the injury.
Vocational Rehabilitation: Assistance if you’re unable to return to your previous job.
Common Workplace Injuries Covered by Workers’ Compensation
Alabama law covers a wide range of work-related injuries, including:
- Traumatic Injuries: Falls, machinery accidents, and vehicle collisions.
- Occupational Diseases: Conditions like hearing loss or respiratory issues due to workplace exposure.
- Cumulative Trauma: Repetitive motion injuries such as carpal tunnel syndrome.
Impact of Safety Device Removal
If an employer removes or disables a safety device, they may be liable for injuries resulting from that action. Under Alabama law, this could affect the employer’s defenses in a workers’ compensation claim.
Retaliatory Discharge in Alabama
It’s illegal for an employer to fire or retaliate against an employee for filing a workers’ compensation claim. If you believe you’ve been wrongfully terminated, consult with an experienced attorney to explore your legal options.
Understanding Disability Classifications
Alabama law recognizes several types of disability:
- Temporary Total Disability (TTD): When you’re completely unable to work for a temporary period.
- Temporary Partial Disability (TPD): When you can work but at a reduced capacity.
- Permanent Partial Disability (PPD): When you have a lasting impairment but can still work.
- Permanent Total Disability (PTD): When you’re permanently unable to work.
Compensation for Loss of Body Parts
Alabama law assigns a specific number of weeks’ compensation for the loss of certain body parts. For example:
- Arm: 200 weeks
- Leg: 175 weeks
- Hand: 140 weeks
- Foot: 125 weeks
These figures are outlined in the Alabama Workers’ Compensation Act and can vary based on the severity of the injury.
FAQ's
How do I file a workers' compensation claim in Alabama?
Notify your employer about the injury as soon as possible. You have two years from the date of the injury or the last compensation payment to file a claim.
Can I choose my own doctor for treatment?
Generally, your employer or their insurance carrier selects the treating physician. However, you may request a panel of physicians to choose from.
What if my workers' compensation claim is denied?
You have the right to appeal the decision. Consult with an attorney to understand your options and the appeals process.
Can I be fired for filing a workers' compensation claim?
No. Alabama law prohibits employers from firing employees solely for filing a workers’ compensation claim. If this occurs, you may have grounds for a separate legal action.
What benefits am I entitled to under workers' compensation?
Benefits may include medical treatment, wage replacement, vocational rehabilitation, and compensation for permanent disability.
How is my compensation rate determined?
Compensation is typically based on your average weekly wage at the time of the injury, subject to minimum and maximum limits set by Alabama law.
What should I do if my employer doesn't have workers' compensation insurance?
If your employer is required to have insurance but doesn’t, you may be entitled to double the amount of compensation you would have received through insurance. Consult with an attorney for guidance.
Are independent contractors covered by workers' compensation?
Generally, independent contractors are not covered by workers’ compensation. However, certain exceptions may apply depending on the nature of the work and the relationship with the employer.
What is the "coming and going" rule?
Under Alabama law, injuries sustained while commuting to or from work are typically not covered by workers’ compensation, unless specific exceptions apply.
Can I receive compensation for a pre-existing condition aggravated by a work injury?
Yes. If a work-related injury aggravates a pre-existing condition, you may be entitled to compensation for the increased disability resulting from the aggravation.
How long do I have to report a work injury?
Compensation is typically based on your average weekly wage at the time of the injury, subject to minimum and maximum limits set by Alabama law.
Can I settle my workers' compensation claim?
Yes. Settlements are possible, but it’s important to consult with an attorney to ensure that the settlement is in your best interest.
What happens if my employer retaliates against me for filing a claim?
Retaliation is illegal. If you experience retaliation, you may have grounds for a separate legal action against your employer.
Can I receive workers' compensation benefits if I was at fault for the injury?
Yes. Alabama follows a no-fault system for workers’ compensation, meaning you may be entitled to benefits regardless of fault.
What if my injury leads to permanent disability?
If your injury results in permanent disability, you may be entitled to compensation based on the severity of the disability and the affected body part.
Contact Randal S. Ford – Your Workers’ Compensation Advocate
If you’ve been injured on the job, don’t navigate the legal complexities alone. Contact attorney Randal S. Ford at the Ford Firm in Tuscaloosa. Call 205-454-7500 for a consultation and ensure your rights are protected under Alabama law.
