Alabama worker’s compensation laws have been designed specifically in a way to protect the rights and interests of the people who get injured while working at the work place or while doing something as part of their job profile even if the injury takes place in a third place. In such cases, the injured worker may be entitled for certain amount of compensation from the employer. However, these laws can be complicated for those who are not legal experts. That is the reason why it is always advisable to hire workers compensation attorneys to represent you in the court. Having an expert attorney on your side maximizes your chances of winning the worker’s compensation claim. Following are some of the most important points that you must be aware of regarding the worker’s compensation laws applicable in the state of Alabama.
Compulsory Compensation
As per Alabama worker’s compensation laws, it is compulsory for the employers to pay a certain amount of money as compensation to those employees who suffer injuries while at job. However, there is a wide array of factors that are taken into account by the court in order to determine the exact amount of compensation. There are basically two things that you need to prove in the court – first, that you were injured, and second, that the injury took place while you were at work. Experienced Alabama worker’s compensation attorneys can help you in gathering important pieces of evidence that will convince the court that you deserve the compensation.
Choice Of Physicians
Alabama worker’s compensation laws allow employers to select the physician to do the medical examination of the worker to determine the severity of the injuries. In specific situations, the medical certificate by the physician can also help the court to determine whether the employer is responsible for the kind of injuries the worker has suffered from. For example, if you are claiming that your breathing problem or other medical condition is caused by the poisonous gas emitted in the employer’s factory but the medical tests say something otherwise, you may not be eligible for any compensation from the employer. However, if you suspect the results submitted by the physician chosen by the employer, you have the legal right to object those medical results. You can get yourself medically examined by a reputable physician of your choice. The court, in such cases, may get you medically examined by a third physician (this time chosen by the court) to confirm which of the reports are accurate.
Compensation May Be Retroactive
As per the Alabama worker’s compensation laws, the compensation may be retroactive if the disability caused by the injuries continues for twenty-one days or longer from the actual date of injury.
Lawyer’s Fees
It is very important for you to keep in mind that the lawyer you are hiring to represent you in the court must work on a contingency fee basis. It means the lawyer must not charge their fee upfront. If a worker’s compensation attorney in Alabama is asking you to pay their fee in advance, you should take it as an alert sign. In legal cases, where the lawyer is supposed to help you win a certain amount of compensation, it is always wise to hire an attorney that works on a “no win no fee basis”, which means you will be liable to pay the lawyer’s fee only if you win the compensation. If you lose the case and do not get any monetary compensation, you will not be obligated to pay the attorney’s fee. As per the Alabama worker’s compensation laws, the lawyer must not charge more than 15% of the total amount of compensation that they help you receive. Therefore, while you are looking out for the best occupational injury attorney in Alabama, you should do a thorough comparison shopping and hire a lawyer who specializes in this field of law with a great success record and still charges less than 15% as their fee.
The state issues Alabama workplace safety awards to the employers with no lost-time injuries for twelve to twenty-four consecutive months. Many times employees file false claims to win compensation from their employers. That is the reason why the Alabama worker’s compensation laws provide certain legal protections to employers also. The employers in the state of Alabama can give a call at 1-800-923-2533 to report alleged Workers’ Compensation fraud.