We understand the challenges faced by hardworking individuals like you in the workers and construction industry. When you’ve been injured on the job, the emotional and financial toll can be overwhelming. That’s why we’re here to provide the support and expertise you need to fight for what you rightfully deserve. We will help you take that stress and weight off your shoulders. 

Though workers’ compensation benefits are to be paid without regard to fault, they do NOT pay out automatically.

In Alabama, there are requirements that injured workers must meet before they are entitled to receive benefits.

Receipt of benefits can be delayed or denied when issues arise concerning how an injury occurred and what harm the injury actually caused. Make sure you know your rights! There are instances of insurance companies and companies not paying eligible recipients! Don’t let this be you!

It is possible for insurance companies to deny or delay payment of workers’ compensation benefits, even when the person is eligible. While insurance companies have an obligation to provide benefits to injured workers, they may sometimes dispute or undervalue claims for various reasons. Some common reasons for denial or delayed payment of workers’ compensation benefits include:

1. Disputes over the cause of the injury: The insurance company may question whether the injury or illness is truly work-related or may argue that it was caused by a pre-existing condition rather than work activities.
2. Failure to report the injury on time: If the injured worker does not report the injury within the specified timeframe, the insurance company may use this as a reason to deny the claim.
3. Insufficient evidence: The insurance company may claim that there is insufficient medical evidence to support the severity or extent of the injury, leading to a denial or reduction in benefits.
4. Disagreement on the extent of disability: The insurance company may disagree with the extent of the disability or its impact on the injured worker’s ability to perform job duties, resulting in a dispute over the level of benefits.
5. Administrative errors: Sometimes, benefits are delayed or denied due to administrative errors or oversight by the insurance company.

When Employers Are Not Required to Provide Workers’ Compensation Benefits

Not all employers are required to provide workers’ compensation benefits to employees in Alabama. The workers’ compensation laws do not apply to the following employers – though an excluded employer may elect to have the workers’ compensation laws apply.

• Employers of less than 5 employees (other than in the residential construction business)
• Employers of farm laborers
• Municipalities with populations of less than 2,000

Employers that ARE Required to Provide Workers’ Compensation

For employers who are required to provide workers’ comp benefits and those who elect into the system, the compensation authorized by the laws is usually the only remedy available to injured workers. That is, unless an employee is injured due to the willful misconduct of the employer.

Willful misconduct by an employer is conduct with knowledge of the ensuing risk of danger to employees.

The inquiry focuses on what an employer did or did not do and what they knew about the subsequent risk of injury or wrongful death to workers. Injured employees alleging willful misconduct by an employer have the right to file a lawsuit and recover MORE damages not paid by workers’ compensation.

Employers may not offer employee mistakes or the fact that employees continued to work in dangerous conditions as defenses to their liability.

Employee Eligibility to Receive Workers’ Comp Benefits

To be entitled to workers’ compensation benefits, employees must work for employers that are covered by the applicable laws. Both full and part-time employees are eligible to receive benefits in Alabama.

The right to collect workers’ compensation benefits extends to an employee who is injured or killed in an accident ‘arising out of and in the course of’ their employment and not caused by their willful misconduct. Basically, if you experienced an accident while doing your job, you are eligible.

If any of the above describes your current situation, use the contact form below to schedule a consultation.

Protect yourself, understand your rights and get a professional valuation on the compensation you deserve. Chances are it’s higher than you have anticipated.