Florence Workers’ Compensation Lawyer

Florence serves as the economic hub of northwestern Alabama and is home to several major manufacturing companies, including Southerwire, the American Metal Chemical Corp (AMCOR), and TASUS Corporation. About 20 percent of all workplace accidents happen in manufacturing plants, but really, no industry is immune to work-related injuries and fatalities. 

Unfortunately, Alabama is one of the deadliest states in the country for workers. According to a recent report by the AFL-CIO, Alabama ranked seventh in the nation with a 5.5% fatality rate out of 100,000 workers and 2.4% of work-related injury or illness out of 100 workers. However, due to rampant underreporting in the state, the true rate of workplace injury and illness is considered to be much higher than what’s documented.

Who is Eligible for Workers Comp Benefits?

According to the Alabama Workers’ Compensation Act, any employer in Alabama with five or more employees must carry workers’ compensation insurance. And, most full-time, part-time, and seasonal workers at these companies who suffer an injury or develop a medical condition related to their job can file a workers’ compensation claim and receive benefits. Surviving family members of workers who died from work-related injuries or illnesses may also file a claim for workers’ compensation benefits. 

The Alabama workers’ compensation system covers any work-related injury or illness, including exacerbations of preexisting conditions, such as a flareup of a back injury or worsening of a lung condition. 

Workers who may not qualify for workers’ comp include:

• Employees of businesses with fewer than five employees

• Independent contractors

• Temporary workers

• Farm workers

An injured employee who does qualify is entitled to benefits even if they were at fault in the accident. However, those who were acting recklessly or were under the influence at the time of their injury may be disqualified from collecting benefits.

Common Workplace Injuries

The types and frequencies of workplace injuries vary depending on the industry, occupation, and specific work environment. Some common workplace injuries include:

• Slips, trips, and falls
• Strains and sprains (e.g., from lifting heavy objects or repetitive motions)
• Cuts, lacerations, and punctures
• Burns (thermal, chemical, or electrical)
• Head injuries (e.g., concussions)
• Fractures and broken bones
• Crushing injuries
• Hearing loss due to noise exposure
• Eye injuries (e.g., from flying debris or chemicals)
• Respiratory issues from inhaling harmful substances
• Occupational disease (e.g., skin diseases, cancers)
• Repetitive strain injuries (e.g., carpal tunnel syndrome)
• Back injuries (e.g., herniated discs)
• Amputations
• Electrocution
• Motor vehicle accidents (for jobs that involve driving)
• Heatstroke or heat exhaustion (for outdoor workers)
• Frostbite or hypothermia (for workers in cold environments)
• Violence (e.g., assaults in high-risk occupations)
• Psychological injuries (e.g., post-traumatic stress disorder)

Steps to Take After a Workplace Accident

Taking the following steps take after suffering a workplace injury can greatly improve your chances of recovering workers comp. 

1. Immediately report your injury to your employer.

2. Take photos or videos of the accident scene with your smartphone.

3. Seek medical treatment as soon as possible. Be aware that your employer may or the provider of their workers’ compensation insurance may require you to see a specific doctor for your initial medical treatment. 

4. Save any medical bills or invoices for medical treatments or procedures, as well as transportation costs to and from medical appointments. 

5. Collect copies of your pay stubs or income tax returns.

6. Save any communications with your company regarding the workplace accident or your injuries. 

7. Ask your doctor for a copy of your medical records to document your injury.

8. Contact an experienced attorney who specializes in workers’ comp laws. 

What Workers’ Compensation Benefits Are Available in Florence?

Alabama workers’ compensation system provides injured employees with financial compensation for the following:

• All reasonable and necessary medical treatments, including medication, surgeries and procedures, prosthetics, and mobility equipment. 

• Vocational rehabilitation services, such as job training for workers who cannot return to their previous job due to their workplace injury. 

• Transportation costs for mileage and travel to doctors’ appointments.

• Death benefits for surviving dependents of a worker killed on the job, as well as funeral and burial expenses. 

Disability Benefits

Workers comp also provides disability benefits that provide a portion of lost wages as your recover. 

Temporary Disability Benefits

• Temporary disability benefits are paid if you are physically unable to work as you recover from your injuries.

• Temporary partial disability benefits are paid when you can work but not at the capacity you did before your injury. For example, if you are restricted to light-duty work. 

Permanent Disability Benefits

• Permanent disability benefits are paid to an employee who reaches maximum medical improvement. Payment is based on the severity of the worker’s disability. 

• Permanent total disability benefits are awarded when they are deemed permanently disabled and unable to do any work for the company due to their workplace injury. 

Alabama Workers’ Comp Laws and Social Security Disability

Alabama law relating to workers’ compensation is complicated and ever-changing, as is social security law. Both have some component of mathematical determination and both have objective and subjective determinations that must be made. In other words, certain facts must be present in each (objective), certain limitations and effects must be believed (subjective) and the final award is in large measure a product of a mathematical calculation.

When an injured person receives social security disability, the law is that they may not then earn more than 80% of their pre-disability wages. The law does not allow for someone to make more money not working than working and that makes some sense. So if you begin receiving a weekly workers’ compensation benefit, that would reduce the amount of the social security disability you would be entitled to receive for as long as you are receiving workers’ compensation payments.

Workers’ compensation law is complicated by the fact that judges may only award benefits payable by the week. A judge does not have the authority to order benefits paid in a lump sum. Many cases would result in payments being made weekly in a small amount such as $32.00 a week over several years. Most people would rather have that money all at once, in a lump sum.

Can I File a Personal Injury Lawsuit for My Workplace Injury?

If your injury was caused solely by your employer or a co-worker, then your exclusive remedy is likely through the workers’ compensation system.

However, if your workplace injury was caused by the negligence or intentional act of a third party (someone other than your employer or a co-worker), you may be able to file a personal injury lawsuit against that third party in addition to your workers’ compensation claim.

Examples of potential third parties include:

• Product manufacturers (e.g., if a defective machine caused your injury)
• Property owners (e.g., if you were injured on a property not owned by your employer)
• Contractors or subcontractors (e.g., if a contractor’s negligence caused your injury)

It’s important to note that if you do recover compensation from a third-party personal injury lawsuit, the amount you receive may be offset against your workers’ compensation benefits to prevent double recovery for the same injury.

To determine the best course of action for your specific situation, consult our workers’ compensation attorneys who can evaluate your case and provide guidance on your legal options.