[The fertilizer workers'] particular trouble was that they fell into the vats; and when they were fished out, there was never enough of them to be worth exhibiting - sometimes they would be overlooked for days, till all but the bones of them had gone out to the world as Durhams' Pure Leaf lard!
- The Jungle, Upton Sinclair
In 1855, Alabama became one of the first states to enact an Employer Liability Act, under which an employee could sue for injuries sustained due to the negligence of an employer. In the 20th Century, Alabama, like most other states, replaced this law with a comprehensive scheme providing benefits to individuals injured on the job without the necessity of proving negligence on the part of the employer.
For more over three decades, the law firm of Haynes & Haynes, P.C., has worked diligently to achieve favorable outcomes for our clients in Birmingham and across the state of Alabama who have been injured on the job.
A worker's compensation claim can become lengthy and complex. It helps to have an attorney on your side who can fight for your rights under Alabama labor laws. When you hire our law firm, we assume the responsibility of meeting filing deadlines and doing the hard work necessary to support your claim.
How the Workers' Compensation Law Works
When you have been injured in an on-the-job accident, it is important that you report any injury to your employer as soon as possible. Work-related injuries may include physical damage to your body or a physical illness that developed as a direct result of your work environment. Common types of on-the-job injuries involve slip-and-falls, lacerations, burns, or fractures. Injuries related to poor ergonomics, such as overused muscles and hunched posture, can also become a hazard for those whose positions involve repetitive tasks.
For a person to benefit from workers' compensation in Alabama, he or she must meet certain conditions:
- The employee must be employed by a business covered by the law. In general, workers' compensation law is not applicable to freelancers, farm laborers, or volunteers.
- The injury must be a direct result of an on-the-job accident.
- The accident must have occurred during the course of employment.
- Proper notification must be given to the employer of the accident or injury.
It is the responsibility of your employer to provide a work environment for all employees that meets safety standards as regulated by the law. By definition, in Alabama, an "employee" is a person who is contracted for hire whether it is expressly communicated or simply implied. "Employees" also includes aliens and minors legally permitted to work under state laws.
What Kind of Compensation is Available?
Compensation will vary depending on the type of injury sustained and if it has caused a person a temporary or permanent disability. Family members may file a workers' compensation claim for death benefits on behalf of a loved one who has died as a result of employer negligence. Compensation may be awarded to pay for medical bills. In some cases, lost wages can also be recovered. Recording dates, times, and details of your specific accident will help you and your attorneys put together a complete claim and fight for the maximum benefits owed to you.
There is a statute of limitations that an injured employee must be aware of when filing a workers' compensation claim. The time begins on the date your injury occurred or the date that your disability began. A workers' compensation claim requires sufficient evidence of the accident and subsequent injuries. In certain situations, a more in-depth investigation is required. You will need an attorney who is experienced and has the resources necessary to handle these types of cases.
How We Can Help
It is in your best interest to speak with a workers' compensation attorney to understand your full legal rights. The closer to the time of injury that you consult with legal counsel, the more information you will have readily available as you detail the accident while it is fresh in your mind.
Each workers' compensation case is unique and our attorneys are dedicated to working closely with our clients to understand the full nature of what the case involves. Our years of experience handling workers' compensation cases combined with our determined approach to seeking justice have resulted in successful verdicts for our clients. We are committed to helping Alabama workers when they are wronged.