Workplace Accident & Injury Attorneys in Auburn
Workplace injuries are shockingly common in the United States, leaving thousands of workers with minor, serious, or even fatal injuries every single year. From 2018 to 2019, fatal workplace injuries increased 2%, reflecting a total of more than 5,300 fatalities.
Injuries put employees in a difficult position. They want to get the care they need, but often worry if seeking workers’ compensation will put their job in jeopardy. The loss of income often leaves them unable to meet their financial obligations or care for their families.
If you’ve suffered an injury at work, learn more about your options for seeking compensation. To discuss your accident with one of our attorneys, call Haygood, Cleveland, Pierce, Thompson & Short at 334-821-3892.
Dangerous Industries
While employees can suffer injuries in any field, some industries are far more prone to serious injuries than others. It’s helpful to look at OSHA violations to determine which industries put employees in unnecessary danger. Per OSHA, common violations include:
- Failure to provide proper fall protection
- Failure to communicate hazards
- Inadequate respiratory protection
- Failure to meet general scaffolding requirements
- Unsafe use of ladders in construction
- Improper control of hazardous energy
- Inadequate eye and face protection
The Bureau of Labor Statistics maintains thorough data on workplace injuries. Some of the careers with the highest injury rates include:
- Nursing assistants
- Tractor-trailer truck drivers
- Light truck drivers
- General laborers and freight movers
- Construction workers
- Maintenance and repair workers
- Stockers and order fillers
- Janitors
- Registered nurses
- Retail employees
Workers’ Compensation in Alabama
The Alabama Department of Labor oversees the Workers’ Compensation Division, which handles workers’ compensation payments for injured workers. Per Alabama law, any business with five or more employees must carry workers’ compensation coverage. This does not include businesses that only have contractors. To receive compensation, injured employees must follow the proper protocols.
To get a workers’ compensation claim started, you must first report the injury to your direct supervisor or manager. Most employers have their own paperwork for workplace injuries, which lays the groundwork for a workers’ compensation claim. Technically, you have two years from the date of your injury to file a workers’ compensation claim. However, you should report your injury immediately.
You should seek care from your employer’s chosen primary care provider except in case of an emergency. Under Alabama law, care is directed by the workers’ compensation insurance provider or the employer—not the injured employee. After seeing your employer’s chosen primary care doctor, they may refer you to a specialist.
There is a three-day waiting period before you begin receiving workers’ compensation benefits. Once your claim is approved, you receive 66 2/3% of your average weekly wage. There are set minimum and maximum amounts in Alabama that change annually. Currently, the maximum is $920, and the minimum is $253.
Denied Workers’ Compensation Claims
There are a number of reasons that a workers’ compensation claim may be denied. The employer or insurance provider may believe that:
- The injury was falsified
- The injury did not occur at work
- The injury is not as severe as reported
- The injury was intentional
- The applicant was under the influence of drugs or alcohol
Once your claim has been denied, it’s time to reach out to a workers’ compensation attorney and push back. Employers often deny claims, knowing that employees may not be aware of their rights. When you’re going up against an employer more interested in decreasing their insurance premiums than doing what is right for their employees, you need an advocate.
Third Party Claims After a Workplace Accident
The workers’ compensation system has its benefits. The claim approval process is often very quick, since the employee does not have to prove fault and the employer does not have to worry about a personal injury claim. However, it does not provide full compensation for an employee’s losses after a workplace accident.
Workers’ compensation only pays partial wages and medical bills through an approved provider. This leaves injured employees on the hook for the rest of their lost wages, property damage, pain and suffering, and other expenses related to an accident.
In some cases, a third-party accident claim may help an injured employee get the full compensation they deserve. Under workers’ compensation law, an employee cannot bring a personal injury claim against their employer or someone employed by their company. However, if a third party is liable for their injuries, they can file a personal injury claim against that individual or party.
There are several ways this may play out after a workplace accident. Consider a construction worker doing labor on the side of a road. An inattentive driver misses the “construction ahead” sign and swerves into the worksite, hitting the construction worker. While the construction worker can seek workers’ compensation through their employer, they can also file a third-party claim against the negligent driver.
This also offers options to employees harmed by an unsafe product. Imagine a vehicle repair technician working on a vehicle. The lift holding the vehicle in place suddenly gives way and strikes the employee. Further research indicates multiple similar reports from other technicians and no attempt from the company to inform users of the risk, recall the item, or repair it. In this case, the injured technician could seek compensation from the manufacturer of the lift.
Third party claims often arise when discussing workers who drive between work sites as part of their daily work. If a car accident occurs on the clock, they can receive workers’ compensation. On top of that, they can also file a personal injury claim against the driver responsible for the accident.
Regardless of whether workers’ compensation or a third-party claim is the best option for you, it’s important to discuss your options with an attorney. Workplace accidents can be very complicated, and you risk losing your right to seek compensation if you wait too long.
Choose Haygood, Cleveland, Pierce, Thompson & Short for Your Workplace Injury Claim
The team at Haygood, Cleveland, Pierce, Thompson & Short has helped numerous clients fight for the compensation they deserve after a workplace accident. Let’s work together and create a plan to help you recover from a workplace injury. Schedule a consultation now by calling us at 334-821-3892 or contact us online.