When someone is injured on the job, they have the right to file a claim for workman’s compensation. Alabama workman’s compensation rules can be confusing if you are uncertain about the process and what forms must be used.
Immediately after an accident
When an accident occurs on the job or an employee becomes ill because of a job-related issue, they must notify their employer. Typically, this should be done as quickly as feasible. The employer may then advise the employee to see a physician. Employers must then fill out a WCC Form 2 to report the accident to the Alabama Department of Labor Workers’ Compensation Division. In most cases, this must be filed within 30 days of the employer being notified. At this time the employer would also notify their insurer to file a claim.
Waiting and payment periods
When you are injured on the job, there is a mandatory three day waiting period before benefits can be collected. Only if the employee remains unable to work for 21 days will they be able to collect benefits for these three days.
Once a claim is approved, there are also restrictions on how long an employee may collect benefits. For example, an employee who broke an arm as a result of an accident can only collect benefits until the arm is healed, the employee has gone through rehabilitation and is able to return to work. However, in cases of longer-term disability, there are limits that also must be considered:
When an employee dies as a result of work-related issues: 500 weeks
When an employee is permanently disabled as a result of a work-related issue: unlimited
When an employee suffers permanent partial disability: 300 weeks
When an employee suffers temporary total disability: unlimited
When an employee suffers temporary partial disability: 300 weeks
It is important to note that employees must not refuse any employer ordered physicians checkup or they may lose their benefits. Employers are required to pay all reasonable and necessary medical expenses in addition to any benefits the employee is receiving. In the event an employee is fatally injured at work, the employer is required to pay $3,000 towards burial expenses to the family.
Workman’s compensation rules are confusing and employees do not always know their rights. If your employer is refusing to pay a legitimate claim, you should consider contacting Noel B. Leonard Attorney LLC for assistance. We can help you make sure you get the compensation you are entitled to.