If you are injured or become ill because of your job, it is likely that you can claim workers’ compensation. Most employers in Alabama, especially the larger ones, are required to take out insurance to protect themselves from litigation and their employees from an unexpected accident or illness. Making a WC claim is not guaranteed to succeed. Every year in Alabama thousands of workers’ comp. claims are denied. Even if this happens to you, you should persist with an appeal. With the help of a workers’ comp. claim you may still be able to overturn the decision and obtain the compensation you need. Workers' Compensation Law in Alabama The Alabama Workers’ Compensation Division handles workers’ comp. claims within the state. If you are injured while on the job, you should let your supervisor know as soon as possible, preferably within five days of the accident. Your employer is responsible for dealing with your claim. Most employers in Alabama that employ 5 or more employees are required by state law to have workers’ compensation insurance with an approved insurance carrier in the event of an accident. Workers’ compensation insurance is a no-fault insurance cover. You should be covered as long as your accident genuinely happens while you are at work and as a result of your work. Workers’ compensation helps to pay for medical treatment and any earnings that you might lose while not at work. In the event of the death of an employee, the immediate family may be able to claim compensation from the employer’s insurer. Your employer may advise you of a preferred doctor or hospital. In Alabama, two thirds of the average weekly wage calculated over the past year is allocated for compensation payments. If your employer refuses to accept liability, you should contact the Workers’ Compensation Division and speak with the Examiner. You may find that an attorney can help you negotiate the claim through the courts if you are finding it difficult to make any progress by yourself. Why Your Claim Could be Denied There are a number of reasons why your claim could be denied. The most common reason is that you didn’t let your employer know about the accident in time or your employer did not pursue the claim with their insurer for some reason. Your employer may refuse to acknowledge that your injuries happened while at work. Your claim may be denied if it is alleged that your injuries were self-inflicted, were caused by intoxication or a refusal to use safety gear supplied by the employer. In some cases, a denial may be due to an administrative error. Someone at your workplace has made a mistake regarding the date of your accident. Usually, simple errors like this are easy to clear up. Alabama's Workers' Compensation Appeals Process If your workers’ comp. claim is denied, you may be able to rectify the denial by submitting a claim through a civil court. Unlike many other states, Alabama does not have its own administrative court to make a decision about a denial. If there is a dispute about medical costs, the Department of Industrial Relations (DIR) may be able to act as a mediator. In this case, the DIR will appoint an Ombudsman who will listen to evidence and both sides of a dispute and then make a binding decision. The DIR is not authorized to intervene in the case of compensation for lost earnings if there has been a denial of a claim. Why a Workers' Compensation Attorney May be of Help If your claim has been denied, Alabama workers’ compensation law makes it difficult to appeal within the state’s own workers’ compensation system. In most, cases, you have no other recourse but to make a claim through the public court. It is unlikely that you would find this easy unless you had the support of an experienced workers’ compensation attorney. Making a claim through a curt is little different from making a personal injury claim. You will need to supply evidence that your claim was a genuine one and will need to be represented in court.
