Workers' Compensation

Birmingham, Alabama

When Good Health Runs Out
Many people don't truly appreciate good health until they lose it. No matter whether you slipped and fell, were struck by a machine, or are experiencing numbness and tingling in your hands from years of data entry, if you are hurt on the job, you are eligible for workers' compensation.

Workplace injuries are surprisingly common. In 2002, there were about 4.7 million reported non-life-threatening injuries, according to the U.S. Department of Labor.

Compensation
Alabama law requires most employers to carry workers compensation insurance. This insurance covers the costs of medical treatment, lost wages, physical therapy and other related expenses. Designed to help workers who suffer work-related injuries, compensation under this insurance coverage is not always easy for employees to obtain.

Fewer Hassles
Workers' compensation laws were established to provide speedy, hassle-free compensation for injured employees without bogging down the courts. Workers' compensation prohibits a lawsuit against your employer because of injury or disability. In return, your employer or its insurance company must pay you benefits without a complex legal battle over each little detail of your injury claim. But this doesn't always happen.

Types of Benefits
If you suffer an on-the-job injury, you are entitled to benefits. There are three types of benefits: lost wages, medical fees, and vocational rehabilitation or retraining. Generally speaking, you will receive compensation for lost wages that equals about two-thirds of your gross wages (averaged from right before your injury or illness). Routine and reasonable medical fees should also be covered. If you have a long-term, acquired disability like a pinched nerve or chronic back pain, those are also covered as well as diseases resulting from the workplace.

Some common workplace injuries include:

• Head injury or brain trauma
• Tendonitis
• Chemical exposure
• Back injury, back strain, or herniated disc
• Occupational respiratory disease including asthma, emphysema, and bronchitis
• Neck injury or strain
• Shoulder or elbow injuries
• "Tennis Elbow"
• Repetitive stress injury, Carpal Tunnel Syndrome or Cubital Tunnel Syndrome
• Knee injury, broken hip, broken ankle
• Injury to the hand or wrist
• Foot injuries
• Bone fractures/broken bones
• Amputation
• Eye injuries
• Burns and chemical burns
• Stress-related injury, such as a heart attack
• Illnesses made worse by work or workplace hazards
• "Wrongful death" as a result of workplace injury

Repercussion Protection
Alabama law makes it illegal for an employer to fire or demote you for filing a workers' compensation claim. However, because Alabama is an employment-at-will state, you can be fired for virtually any or no reason. It's a good idea inquire about other duties you may be able to perform at work that do not aggravate your injury. Don't give your employer a reason to fire you!

If you or a loved one has suffered a workplace injury there may be multiple sources from which you can claim compensation. Even if you are not covered by workers' compensation or if your injuries have been caused by another party's negligence, you may be able to claim compensation from that third party. Contact Birmingham personal injury lawyers Burke, Harvey & Frankowski today for a free consultation.

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