Tuscaloosa Workers’ Compensation Lawyer
Helping The Injured
There’s no doubt about it: work can be dangerous. Whether it’s falling debris at a construction sight or a slippery floor at the office, you never know what might take you off right your feet and straight to the hospital. Getting hurt at work is especially inconvenient because, as a result of the ensuing injury, you just might find yourself sidelined from your job for an indefinite amount of time. The good news is you don’t have to put your income on hold or worry about unforeseen medical expenses, as a skilled attorney is able to help maximize your payout through worker’s compensation.
Most states require businesses to provide for all medical expenses should an employee be injured on the job. That being said, sometimes the employee may require further compensation, especially if the injury is serious and results in lasting damage that may inhibit the victim’s ability to work in the future. It is also possible that the employer may attempt to deny responsibility for the injury, thus refusing a financial payout to the employee. Any individual who is injured on the job should seek legal advice in order to know how they should proceed—and if an attorney is necessary to ensure workers’ compensation.
When should I consider a lawsuit in regards to workers’ compensation?
Most of the time, your employer will have some sort of coverage offered if an employee is injured at work. If some form of worker’s compensation is provided, an employee is not permitted to sue. The term “workers’ compensation” itself refers to the process by which an employer is able to provide any sort of remedy in case an employee is seriously hurt on the clock. Workers’ comp is usually provided for as a form of insurance in order to cover any medical expenses on behalf of the employee if they are found to not be responsible for the injury sustained. However, if the employee is able to prove in any way that the incident was either the result of neglect or intent on behalf of the employer, they could seek a large compensation as a result of the injury.
What are the benefits of seeking workers’ compensation?
There are several reasons one would want to seek worker’s comp. Among the most obvious of these benefits is payment for medical expenses should one find themselves injured on the job. It is usually required by law for an employer to cover any medical expense should it be proven that an employee can qualify, though these laws vary by state.
Disability benefits are another reason for seeking workers’ compensation. Temporary or permanent disability benefits are often covered by Social Security, but may also be required to be provided by the employer depending on the circumstance. Temporary benefits are put into place should the employee ever be expected to return to work; permanent benefits are enacted if the employee never fully recovers. Should an injury on the job result in death, the family of the employee would be entitled to benefits as well.
Can I qualify for workers’ compensation?
Most companies in the United States are required to provide their employees with some form of medical benefits if an employee is injured on the job. Usually, any injury that takes place at work entitles the employee to a payout, with few exemptions. Some of these exceptions that may not qualify for direct compensation include include:
- Sole Proprietors
- Volunteer Positions
- Several Federal Positions
- Railroad Workers
- Farmers or other Agricultural Workers
- Maids or Nannies
- Independent Contractors
If you fall into one of these categories and believe that you should be entitled to some kind of compensation, you should seek legal advice immediately to ensure you are able to be covered in a timely manner.
It is also important to take note of what is referred to as the “coming and going” rule, which enforces that an employee injured on the way to or from their occupation are, for the most part, not covered by worker’s compensation. However, there are some exceptions to this rule, which usually refer to jobs that entail an adequate amount of travel; jobs such as truck drivers or traveling salesmen would usually fall under occupations that may maintain some sort of worker’s compensation should an employee find themselves injured on these terms.
What kinds of injuries can be covered with workers’ compensation?
There are several kinds of injuries that are covered by worker’s compensation based on the job. The injury itself does not necessarily need to be the result of the job; rather, it only needs to occur at the workplace without the fault of the victim in order for there to be any sort of liability on behalf of the employer. It could also occur as a result of strenuous activity while on the job. Any injury that proves to be physically strenuous on the employee can be covered through worker’s comp. Some examples include:
- Back pain
- Nerve Damage
- Broken or Fractured Bones
- Slip and Fall
- Shoulder Injuries
- Torn Ligaments or Muscle Tears
If you experience any of these injuries in the workplace, you could be entitled to workers’ compensation.
What if I am fired while on workers’ compensation?
You could have a claim if you are terminated from your position before you are able to fully recover. If you are terminated despite being able to fulfill the responsibilities for which you are employed with proper accommodations, this is in violation of the Americans with Disabilities Act, and is also probable cause for filing a claim. Termination while on disability should not affect workers’ compensation benefits unless the employee is able to return to some sort of occupation. Should any of these statutes be violated, seek legal advice immediately.
If you or a loved one has been hurt or severely injured while at the workplace, Attorney Jason C. Neff can give you the proper advice on the necessary steps to ensure the highest payout possible. We will work hard to help you get the justice and compensation that YOU deserve!
Thank you so much for all you have done for John. We know you have gone beyond any expectations for him. It is up to him now. Thank you again.