When people are injured on the job, they usually have a worker’s compensation case. There are employers that are exempt from the Worker’s Compensation Statute, but the vast majority of people working in Alabama and the United States are covered by a worker’s compensation scheme.
On the job injuries are divided into two main categories, the first being a scheduled injury such as an injury to a hand, foot or limb and the second being a vocational injury where someone has an injury to their back, neck, hip or shoulder and cannot return to their usual occupation or now has injury related work restrictions.
Because payment for these injuries is to some degree based on an injured worker’s pay history. We need to know how much the injured worker made and what benefits they had such as health insurance. We occasionally see people injured on the job soon after being hired and in those instances, the law provides seeing what other employees, doing the same job, earn to establish the wage of an injured worker in that situation.
Our job is to get the best result possible given the facts of the case. That means we will need to know about how you were injured and when you were injured. We need to know where you were injured and what you were doing. We need to know who treated you and what they did. We need to know how your injuries affect you.
We always look for a bigger case than just a worker’s compensation case. We recognize that worker’s compensation benefits are limited. We always look for third party liability. An example of third party liability would be someone on the job injured in an auto accident where the other party was at fault. That is the best outcome for the injured worker because worker’s compensation does not pay for pain, suffering and the loss of enjoyment of life. Worker’s compensation does pay for medical treatment and weekly benefits while a person is recovering from their injuries. We see cases where an employer has disabled a safety device so that production numbers stay high. When those disabled safety devices cause an injury, those cases are not just worker’s compensation cases.
We need a lot of information to fully evaluate a case to make sure that we get the best outcome for the injured worker.
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