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Many workplace accidents and on-the-job injuries are covered by Alabama’s workers' compensation laws. Workers' compensation is limited by law to a percentage of a worker’s wages. If you or a loved one has suffered an injury at work in a workplace accident involving a modified piece of equipment or a defective product, take a look at these frequently asked questions regarding workplace accident claims.
I was injured at work. What are my rights?
There are several laws in place to protect workers from injury on the job and to ensure compensation for injuries sustained on the job. Workers’ compensation is just one avenue and is meant to provide treatment for injuries and compensation for lost wages. But it is limited. There may be other avenues by which someone injured at work can receive additional compensation, depending on how the injuries occurred. A work injury lawyer at Jinks Crow & Dickson will gladly review the facts of your case to determine whether such other avenues are available. In addition, the law prevents employers from retaliating against employees who are injured at work who can make a workers compensation claim and provides for punitive damages when such retaliation occurs.
How long do you have to report an injury at work?
On-the-job injuries should be reported as soon as possible. The workers’ compensation laws require that an employee give notice to the employer within 5 days of the injury but no later than within 90 days of the accident causing the injury. But sometimes this is difficult to do, especially when an employee does not know that he has been injured. If there are other avenues for compensation or punitive damages, they will have their own deadlines. Generally, it’s two years from the time the injury occurred, but the facts of the case will determine how that time is calculated and the type of claim will determine what deadline applies. A work injury attorney at Jinks Crow & Dickson can review the facts of your case to make that determination.
Can I sue my employer for negligence?
Generally, the workers’ compensation statute replaces a claim of negligence by an employee against an employer, but not always. If an employer’s negligence causes an employee to be injured, the workers’ compensation statutes generally provide recourse for those injuries. But workers’ compensation may also provide compensation even if the employer was not negligent. The employer’s conduct characterized as negligent could give rise to other claims against the employer. One of our work injury lawyers will gladly review the facts of your case to determine whether such other avenues are available.
If I get hurt at work, do I get paid?
How and what you may be paid if you are hurt at work depends on several factors. If your injury is covered by workers’ compensation, you may be entitled to a portion of your lost wages depending on whether you are still able to work. If your employer has a sick leave policy or other paid time off policy, you may be able to receive payment for your missed time from work. Likewise, your employer may have other policies which provide payment for your missed time from work. In addition, if you are temporarily disabled, you may have short-term disability insurance which may pay a portion of your lost wages.
I got hurt at work. Will I get a settlement?
If you get hurt at work, you will generally not receive any sort of settlement if you do not make a claim. There are a few different ways to seek compensation because of any injury which occurs at work. However, proper claims must be timely made to be eligible for any settlement. A work injury lawyer at Jinks Crow & Dickson will gladly review the facts of your case to determine what avenues are available and to prepare the proper claims for you.
When is a workplace accident reportable?
Any accident which results in any injury should be reported immediately. Depending on the type of accident and the workplace involved, there may be other regulatory reporting requirements.
How to investigate workplace accidents?
We routinely employ experts to investigate the cause of workplace accidents that result in injury or death. We hire experts who are uniquely qualified to investigate each accident. It’s important that evidence be gathered as soon as possible after an accident. You should take photographs of any equipment involved along with the surrounding conditions. Likewise, you should photograph and document all injuries. One of our work injury attorneys can help give you the specifics of what and how to gather information in addition to what our experts will do.
Who should conduct workplace accident investigations?
Workplace accident investigations should generally be done by someone qualified to do so. Regulated industries may have their own experts. We routinely employ experts to investigate the cause of workplace accidents that result in injury or death. We hire experts who are uniquely qualified to investigate each accident.
I was in an accident at work. What benefits can I claim?
There are a number of laws in place to protect workers from injury on the job and to ensure compensation for injuries sustained on the job. Workers’ compensation is just one benefit. Workers’ compensation is meant to provide treatment for injuries and compensation for lost wages. But it is very limited. There may be other avenues by which someone injured at work can receive additional compensation, depending on how the injuries occurred. A work injury attorney at Jinks Crow & Dickson will gladly review the facts of your case to determine whether such other avenues are available. In addition, the law prevents employers from retaliating against employees who are injured at work who can make a workers compensation claim and provides for punitive damages when such retaliation occurs.
Should I take sick leave if I’m in an accident at work?
Generally, if you are injured on the job, workers’ compensation will pay a portion of your lost wages for the time that you cannot work. It’s best to coordinate with your employer, if possible so that you miss as little pay as possible while your workers' compensation claim is processed. Your employer’s worker’s compensation carrier should pay the benefits so you will not have to use leave time for your work-related injury.
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