Fairhope, AL Workers’ Comp Lawyers

With strong industrial manufacturing, health care, and education industries, the city of Fairhope has a growing population of hard-working individuals. Several of the city’s largest industries are also those with higher-than-average injury rates. It’s crucial that Fairhope employees know their rights after an injury and fight for the workers’ comp benefits they are entitled to.

The team at Thiry & Caddell is here to help you assert your rights as an injured worker. Call our team at 251-478-8880 to set up a consultation at your earliest convenience.

Who Receives Workers’ Compensation in Fairhope?

The majority of employees at Alabama businesses receive workers’ compensation after a workplace injury. Under state law, all companies with at least five employees must have workers’ compensation insurance. This includes both part-time and full-time employees.

There are exclusions to this, however. Independent contractors are not technically employees, so they cannot receive workers’ comp while injured at work. Alabama law also allows employers of agricultural workers, domestic servants, and casual employees to avoid paying workers’ compensation.

Limitations of Workers’ Compensation in Alabama

There are also limits as to what workers’ compensation insurance will cover in Alabama. Your injury must be the result of an accident occurring in the course of your employment. This means that it must occur in a place where you could reasonably be expected to be and while doing the duties of your work. Additionally, workers’ compensation law states that you must report the injury to your employer within five days of it occurring. The injury must be reported to workers’ comp within 90 days of the accident.

Which accidents are excluded from workers’ compensation benefits? If you dig into the exclusions listed above, you’ll find that accidents arising from the following situations may not qualify for compensation:

Caused by the employee’s willful misconduct

Done intentionally to cause injury or harm to the employee or another person

Resulting from the use of alcohol or illegal drugs

Refusal to use safety equipment provided by the employer

Willful refusal of the employee to do their statutory duty

Breach of a rule or regulation put in place by the employer

Be aware that insurance companies will do their own investigation in the days and weeks following a workplace injury. They are looking for any evidence that your injury occurred under any of the circumstances listed above, which would allow them to deny your claim.

Benefits Received Under Workers’ Comp

When your claim is approved, you receive certain ongoing benefits until you are cleared to return to work and have made a full recovery from your injury. Your average weekly earnings for the 52 weeks prior to your injury multiplied by 66 2/3% is what you will receive for your weekly benefits. Note, though, that this weekly payment is bound by state minimum and maximum limits.

For injuries occurring on or after July 1, 2023, the minimum payment is $298 per week and the maximum payment is $1,084 per week. The state does put limits on how long these payments can be made. Those who are permanently and totally disabled can receive benefits indefinitely, as can those with temporary total disability. Employees with temporary partial or permanent partial disabilities can only receive benefits for 300 weeks.

In addition to the weekly payments an injured employee receives after an injury, they are also entitled to medical care related to their injury. In Alabama, the employer or their insurance carrier decides which doctor the employee sees. If that initial doctor refers the patient to another physician, the insurance company is obligated to provide coverage for that care provider. Not only must employees’ medical expenses be paid, but employers must also pay mileage reimbursement for an employee’s doctor visits.

While there are long limits in place for benefits, it’s more likely that the employer or their insurance provider will move forward with a settlement. When it appears that an injury will last a long time or cause permanent issues, it’s often beneficial for the insurance company to offer a lump sum settlement and close the case, rather than having an open and ongoing case on their books. At that point, it is crucial to work with a workers’ compensation attorney in Fairhope who can help you better understand the full value of your claim and negotiate a settlement that fairly compensates you.

How the Team at Thiry & Caddell Can Help You

Although the process of recovering workers’ compensation benefits should be simple, that isn’t always the case. When employers and insurance companies are looking to save money, they often do so by driving down the number of workers’ compensation claims they have. Unfortunately, this often means that legitimate claims are denied or ignored. Many workers do not know their rights after a workplace injury, so they take their employers’ word for it when they’re told that they “aren’t covered” by workers’ compensation or that their injury “isn’t serious” enough to warrant benefits.

We can help you in a variety of ways. If your employer has refused to file a workers’ compensation claim for you or your claim has been denied, you have options. There is an appeals process for denied claims, and we can represent you throughout this process. We can also gather important evidence regarding your injury to prove that it happened during the course of your work.

If the insurance company has started talking about a settlement, we are ready to fight for you every step of the way. The settlement you receive must be enough to cover any further medical expenses and lost earning opportunities, so there’s a lot to consider before you accept the company’s offer. We want to make sure you get what you deserve.

Call Us Today to Start Your Claim

If you’re looking for legal support after a workplace injury in Fairhope, the team at Thiry & Caddell is your next call. Call us at 251-478-8880 or send us a message online to set up a consultation with our team.