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Work Injury Law, also referred to as Workers' Compensation Law, covers regulations and procedures that deal with work-related injuries or illnesses. In Huntsville, and across the United States, an employer is obliged to provide workers' compensation insurance coverage for their employees. This serves as a safety net for victims of perceived negligence or hazardous job conditions leading to injury or illness. Workers are entitled to get compensated for medical costs, disability benefits, physical rehabilitation, and even retraining if needed.
While the process of securing workers' compensation might sometimes seem straightforward, there are circumstances where legal advice is indispensable. For instance, if your claim is denied, you face retaliation from your employer for making a claim, or you have a pre-existing condition, you will likely need a lawyer. Also, in cases where the injury has led to partial or total permanent disability, you may need legal direction to claim your benefits. Lastly, if your employer lacks workers' compensation insurance, this calls for legal action.
In Huntsville and throughout Alabama, work injury laws dictate a specific procedure for making a workers' compensation claim. The foremost step mandates an employee to notify the employer about the injury or illness within five days of its occurrence. A written notice detailing the circumstances of the incident should be served within 90 days. All medical expenses including therapy, medications, surgeries and hospital expenses should be covered by the employer. If the employee cannot work for more than three days due to the injury, the compensation also includes 2/3 of the average weekly wage.
Retaliation against an employee for filing a workers' compensation claim is illegal. If you’re experiencing this, it’s crucial to seek legal assistance.
In Alabama, your employer usually has the right to select the doctor for your treatment. However, if you’re discontented with the doctor’s services, there are provisions to seek a different doctor.
If your claim is denied, the next step would be to file a lawsuit. This often involves complex legal procedures, thus hiring a competent attorney is recommended.
You're entitled to medical benefits, disability benefits and rehabilitation benefits. In some instances, vocational rehabilitation might also be covered.
In most cases, you can’t sue your employer for a workplace injury. Workers’ compensation is typically your only remedy. However, under certain circumstances, such as an employer's intentional misconduct, lawsuits may be possible.
You may find useful information from local unions, Alabama Department of Labor, and workers' compensation court websites. For broader understanding, the US Department of Labor and the Occupational Safety and Health Administration (OSHA) provide insightful details about work injury laws and rights.
If you feel that you're facing an issue related to work injury, it's advisable to begin documenting all the relevant events and details. Moreover, try to gather any possible evidence. As advised, notify your employer immediately. If your claim was either disputed or denied, or if you're facing complexities such as retaliation, seek legal help from a competent attorney as soon as possible.
