Birmingham Workers’ Compensation Lawyers

Preparation Before Contacting a Birmingham Workers’ Comp Lawyer

Not sure what steps to take after sustaining a work-related injury? It’s crucial to report your injury promptly, even if you suspect it may be your fault, as long as no illegal activity was involved. In cases of job-related illnesses that develop over time, such as mesothelioma, or repetitive trauma injuries like carpal tunnel syndrome, it’s essential to report them as soon as a doctor diagnoses the condition and confirms its link to your employment.

Reporting your injury to your supervisor or employer immediately after it occurs, regardless of the severity or whether it causes you to miss work, is extremely important. Be sure to include the date, time, and circumstances of the injury in your report. We recommend providing this notice in writing. If you receive a doctor’s diagnosis of an occupational illness related to your job, report it promptly. Injuries should be reported to your supervisor or the individual responsible for preparing injury reports.

Taking these steps to report your injuries, document medical results, diagnoses, and bills, as well as filing your claim, will significantly strengthen your case should your employer attempt to deny or minimize your workers’ compensation claim.

Is a Workers’ Comp Attorney Required in Birmingham?

While all employees have the right to represent themselves when filing a worker’s compensation claim, doing so can put them at a considerable disadvantage. Law firms representing workers’ compensation insurance companies vigorously defend their clients and aim to minimize the benefits paid out. It is crucial for workers to have an experienced and well-equipped legal team capable of advocating zealously on their behalf.

Even if an employee is already receiving workers’ compensation benefits, consulting with an experienced attorney can reveal whether the current benefit arrangement is appropriate and can help the worker defend against challenges to their benefits or medical treatment posed by the insurance company.

In cases of severe work-related injuries or illnesses, legal representation is often necessary. Whether you are injured, have developed a work-related illness, or believe you have been treated unfairly, contacting a workers’ compensation attorney is in your best interest. Even if you believe you can handle the situation independently, an attorney is there to guide you through your case from start to finish and only receives payment when your case is won.

Why Should I Call a Workers’ Comp Lawyer?

Although the workers’ compensation system was designed to provide prompt and equitable compensation for injured workers, it often appears to favor employers and insurers. An experienced Birmingham workers’ comp attorney will serve as your advocate, ensuring that you are treated with the respect and dignity you deserve.

For instance, with a workers’ compensation lawyer, you are shielded from direct communication with the insurance company – your lawyer manages those interactions. Additionally, insurance claims adjusters frequently arrange for an independent medical examination, typically with a doctor paid by the insurance company. This doctor may downplay your injury or propose an alternative explanation for how it occurred. Attendance at these appointments is mandatory, and failure to attend can result in the loss of benefits. A Birmingham workers’ compensation lawyer will guide you through the entire process, keeping you informed of any significant developments so that you can focus on your recovery. Your lawyer will also ensure that the doctor evaluates your injuries objectively and fairly.

Workers’ compensation lawyers work diligently to secure the maximum award for their clients’ damages. There are specific situations where it is especially crucial to engage the services of a workplace injury lawyer:

• The employer rejects the claim or is hesitant to promptly disburse owed benefits.
• The proposed settlement by the employer does not adequately cover lost wages and medical expenses.
• The injury from the accident prevents the employee from returning to their previous job.
• The employee cannot perform any work due to the injury.
• The injury severely limits the employee’s ability to work.
• The employee is already receiving or plans to receive Social Security disability benefits.
• The employer lacks workers’ compensation insurance.
• The employer retaliates against the employee who files a worker’s compensation claim.
• The employee was injured due to the actions of a third party or the serious misconduct of the employer.

Even if your case does not reach a courtroom, consulting our workers’ compensation team in Alabama can help you navigate the challenging process of dealing with your employer and its insurance company.

How Can Workers’ Comp Attorneys Help?

Pond Lehocky Giordano LLP, with our nationally recognized team of workers’ compensation lawyers, specializes in providing legal support to workers affected by workplace accidents who have been unjustly denied their rightful workers’ compensation claims. Leveraging our extensive experience in advocating for workers’ rights, our lawyers in Alabama guide our clients through the often intricate and demanding process of securing the compensation they deserve. Our workers’ compensation lawyers handle a broad spectrum of on-the-job injury claims, including but not limited to:

• Injuries to various body parts, including shoulders, backs, spinal cords, eyes, hips, knees, necks, respiratory organs, ankles, wrists, feet, and hands.
• Repetitive stress injuries like tendonitis, carpal tunnel syndrome, and others.
• Hearing damage or loss.
• Head injuries such as traumatic brain injuries (TBIs) or concussions resulting from falls or falling objects.
• Cold stress or burn injuries caused by incidents like electrocution or equipment malfunctions.
• Illnesses triggered by exposure to toxins, including occupational diseases like mesothelioma or Black Lung.
• Muscular injuries, broken bones, torn ligaments, torn rotator cuffs, and herniated discs resulting from actions such as lifting and pushing.
• Fatalities resulting from workplace activities.

Our workers’ compensation lawyers also handle third-party claims. Even though workers’ compensation typically implies no-fault on the part of employers, individuals injured in workplace accidents may pursue legal action against the manufacturers of machinery, products, or equipment that contributed to their injuries, in addition to filing a workers’ compensation claim. These third-party claims are typically based on factors like unsafe working conditions, insufficient training, or defective equipment.

Managing Medical Examinations and Treatment for Workers’ Compensation Cases in Alabama

Following the filing of a workers’ compensation claim, employers have the right to request an Independent Medical Examination (IME). This examination allows their medical expert to provide an opinion on the extent of the injury or illness. The purpose is typically to downplay the severity of your injury or illness so that the insurance company can reduce or eliminate your workers’ compensation benefits. Employers or their insurance companies may tell you that this examination is mandatory; this is not always true. A Birmingham workers’ comp lawyer can help you determine whether or not this examination is required.

Pond Lehocky Giordano LLP maintains its own in-house medical team with a singular objective: ensuring that workers have access to the best available medical care and doctors. Our team guarantees that workers receive impartial, accurate, and compassionate assessments of their condition, offering them the best possible chance of recovery from their illness or injury.

Understanding Workers’ Compensation Benefits in Alabama

Injured workers who successfully file a compensation claim are entitled to wage-loss benefits. These benefits typically amount to two-thirds of their pre-tax weekly earnings before the injury occurred. The minimum and maximum adjustments to this figure can vary from state to state.

There are several types of workers’ compensation benefits:

Wage Loss Benefits: These are payments meant to compensate for lost wages due to total or partial disability.
Death Benefits: These payments are made to the surviving dependents of a worker who died as a result of a workplace illness or injury.
Specific Loss Benefits: These payments compensate for the loss of a body part, permanent loss of the use of a body part, or permanent scarring or disfigurement to the neck, face, or head.
Medical Care: These payments cover reasonable surgical and medical care required to treat the workplace-related injury or illness.

In cases of partial disability, where a worker can return to work in a lower-paying role with work-related restrictions or is found not to be completely disabled, benefits can be paid for up to 500 weeks in some instances. This period can also vary from state to state.

In cases of total disability, employers or their insurers in many states can request a medical examination to determine if the employee’s condition has improved to a level of impairment that would classify their injury as partial disability.