Private industry employers reported 32,600 non-fatal workplace injuries in Alabama for 2021, according to the U.S. Bureau of Labor Statistics. Of those cases, 13,800 resulted in time away from work.
Missed work means no paycheck, unpaid bills, and added stress on top of the injury.
Alabama workers do have a shield of protection in the Alabama Workers’ Compensation Act. This act ensures the primary workers’ compensation benefits listed below are provided to help workers while they recover from work-related injuries.
Primary Workers’ Compensation Benefits
Medical Benefits
Medical benefits cover an injured worker’s medical treatment, including surgeries, rehabilitation, medications, and doctor visits.
The limitation: injured workers cannot choose their doctor. Instead, the employer or workers’ compensation insurance carrier selects an “approved treating physician” that the worker must visit.
However, if the worker is not satisfied with the approved doctor, they are allowed one chance to choose a different doctor from options provided by their employer or insurance company.
Temporary Total Disability and Temporary Partial Disability Benefits
Temporary disability benefits replace wages that would have been earned had an injury not occurred.
Workers who cannot work due to their work-related injury or illness are entitled to Temporary Total Disability (TTD). Workers who are still able to work but are paid less than their pre-injury wage are entitled to Temporary Partial Disability (TPD).
Both benefits usually amount to 66% of the employee’s average weekly wage prior to their injury. These benefits are typically paid to the worker until they return to work or reach “maximum medical improvement” as determined by their approved doctor.
Indemnity Benefits
Indemnity benefits are paid if a doctor determines there is a permanent injury. Permanent injuries can be considered either a total disability or a partial disability.
If a worker has a total disability, they will receive Permanent Total Disability (PTD). PTD benefits are paid to employees who are permanently and totally disabled and unable to perform any job. PTD benefits are paid for the rest of the injured worker’s life.
If a worker has a partial disability, they will receive Permanent Partial Disability (PPD). PPD benefits are paid to employees who are permanently disabled but still able to work in some capacity. PPD benefits are paid for up to 300 weeks.
Vocational Benefits
Vocational benefits assist the employee in obtaining suitable employment through job training, counseling, and job placement services. This applies to situations where the work-related injury resulted in a permanent disability that hinders a person’s ability to return to the previous job.
The goal is to help them regain employment and self-sufficiency.
Pursuing Additional Compensation Beyond Your Workers’ Comp Claim
In certain circumstances, pursuing additional compensation beyond your workers’ compensation claim may be possible and can include:
Third-Party Negligence
This relates to situations where someone other than your employer or co-worker is responsible for your injury. An example of this is if you were injured while driving for work purposes and another driver’s negligence caused the accident.
Willful Conduct of a Co-Employee
A personal injury claim can be filed if you can establish that your co-worker’s actions were intended to harm and were beyond ordinary negligence.
Willful removal of a safety guard or a safety device from a machine
Personal injury claims can be brought if someone or the company intentionally disables safety guards on a machine that injured you.
Alabama Workers’ Compensation Lawyer
While the Alabama Workers’ Compensation Act serves as a safety net, offering financial and medical support to those in need, it does have some limitations that may make getting fair compensation difficult. William Messervy explains these limitations in the video below.
Understanding the process, promptly reporting injuries in a timely manner, and seeking legal advice ensures that your family’s needs will still be met while you recover from injury.
If you have been injured at work, consult an experienced attorney that will help you receive the compensation that is due. Contact the law office of Timberlake & League. We can help
