A brief guide to Alabama workers compensation law
All employers are legally required to maintain insurance in case their employees are injured. If your employer fails to do so, they are in violation of Alabama workers compensation laws. In the event that you are unable to receive the compensation to which you are entitled, you may decide to go to civil litigation.
You must report an accident in writing to your employer. Failure to do so mean you risk losing your rights under Alabama workers compensation law. Be aware that you are entitled to medical treatment from the medical practitioner of your choice. If an employer tries to make you visit only a doctor they approve, they are in violation of Alabama workers compensation laws. Familiarize yourself with all your rights to make sure that they are exercised.
Under Alabama workers compensation law, an employer has a certain number of rights as well. Even after you submit your physician's report, your employer may wish for a second opinion from a physician of your choice. Alabama workers compensation laws require you to undergo this examination.
You should maintain copies of all medical records and correspondence with the insurance company. These papers will help a lawyer prove that you have acted in compliance with Alabama workers compensation law at all times if you decide to pursue civil litigation at a later time.
Sometimes an employer may offer you a "Section 32" agreement. According to Alabama workers compensation laws, accepting this one-time financial compensation means you will not be able to pursue litigation at a later date. You should consult with a lawyer before accepting any such offer. Alabama workers compensation law may give you an option for a more generous settlement package at a later date.
It is important not to do anything that will jeopardize your payments. Alabama workers compensation laws state that anyone who claims a pre-existing condition was the result of a job injury is committing fraud. If an employer tries to deny you benefits in this way, you will have to prove this is not the case. Additionally, fraud is a serious violation of Alabama workers compensation laws.
You must begin seeking work again as soon as possible. If your injuries leave you unable to resume your former occupation, you must attempt to find a new job in keeping with your abilities. Failure to do so is a violation of Alabama workers compensation law. If an insurance company succeeds in proving this, your benefits will be terminated. You may need to consult with a lawyer who understands Alabama workers compensation laws if you do not know how to respond to an insurance company's unjust allegations.
If you receive compensation, you may still pursue compensation at a later date. This kind of litigation is best pursued with the help of a lawyer experienced in Alabama workers compensation law. The technicalities involved in proving that you were not sufficiently paid for your injuries can often be difficult for laypeople to understand.