Every day in Florence, people go to work in factories, construction sites, school buildings, retail stores, and offices to help make our city the pride and joy of northwestern Alabama. In return, these companies pay your wages and provide benefits. But if you are injured on the job or lost a loved one in a workplace accident, you may worry about how you will make ends meet. Reach out to a Florence workers’ compensation lawyer.
You are legally entitled to workers’ compensation insurance and benefits, which provide medical care to employees injured on the job. Filing a workers’ comp claim can be complicated and if the process isn’t followed correctly and in a timely manner, your claim may be denied. Whether you are seeking workers’ compensation benefits for the first time or want to appeal a previous denial, an experienced workers’ compensation lawyer at McCutcheon & Hamner can help. Call us today for a free consultation.
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.
At McCutcheon & Hamner, the pursuit of justice for our clients and their cases NEVER STOPS! Call us at (256) 293-5382. We are here to take your call and answer your questions.
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.
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.
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.
Taking the following steps take after suffering a workplace injury can greatly improve your chances of recovering workers comp.
Workers comp also provides disability benefits that provide a portion of lost wages as your recover.
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
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.
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.
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.
<p class=”keep”>Workers’ comp laws are designed to provide medical treatment to injured workers and death benefits to their family members. However, the claims process can be complicated, especially if you qualify for Social Security disability.</p>
<p class=”keep”>If your Florence workers’ compensation attorney anticipates that you are or will receive social security disability, the law allows language in the workers’ compensation settlement to protect social security benefits. If your workers’ compensation attorney knows about your social security potential they are then in the best possible position to advise you as to how to settle or resolve your on-the-job injury case in a manner that helps you the most. Reach out to a personal injury lawyer.</p>
<p class=”keep”>The experienced legal team at McCutcheon & Hamner can guide injured employees or their surviving family members through the entire process of filing or appealing a Florence workers’ compensation claim. Contact our law firm today for your free consultation.</p>
