Workers' Compensation: Frequently Asked Questions

Q: If I am injured and unable to work due to my injuries, how I can I afford to pay a lawyer?

A: We handle workers' compensation cases on a contingency fee basis. Our legal fee of 15 percent will be paid out of the compensation you are rewarded and must be court approved. If we don't win, you don't pay.

Contact us today at 256-238-0038 for a free case evaluation with an experienced lawyer.

Q: What kinds of benefits are provided by workers' compensation?

A: Temporary total disability (TTD) compensation, if you qualify, will be paid as a percentage of your gross average weekly earnings while you are unable to work due to a work-related injury or illness. Reasonable and necessary medical, surgical and hospital expenses will be fully covered. When appropriate, physical and vocational rehabilitation benefits will be provided.

You also may be eligible for permanent-total disability (PT) and dismemberment benefits. Additionally, if an injury has caused the death of your spouse or parent, you are entitled to the benefits specified by the Alabama Workers' Compensation Act. Additional benefits you may be eligible for include:

• Unemployment compensation
• Social Security disability benefits and Medicare
• Disability benefits
• Group life and health insurance benefits

Q: Can I be fired by my employer for applying for workers' compensation?

A: No. Alabama law specifically prohibits an employer from firing injured employees solely for exercising their right to compensation under the Alabama Workers' Compensation Act. The firing of employees for exercising their rights under the Act can lead to a separate legal action against the employer.

Q: How do I know whether I have a viable workers' compensation claim?

A: If you were hurt on the work premises, doing your job and not engaged in "horseplay" you probably have a viable claim. There are even a variety of situations where workers are hurt away from the work premises engaging in activities related to work which qualify for coverage.

Q: Can I choose my own doctor or hospital? What is a Panel of Four?

A: Under the Act, the employer chooses the initial treating physician. If you are not satisfied with this physician, you have a right to choose another physician from a panel of four other physicians. The employer is ultimately responsible for all reasonable and necessary medical, surgical and hospital expenses, including treatment by the panel doctor.

Q: Is my employer responsible for payment if I want to see another doctor?

A: In most instances, no. If you see a doctor not approved by the employer you do so at your own expense. Of course, there may be times when it is a good thing to do this (second opinions, expert witnesses in highly disputed claims) and I sometimes advise my clients to do this in appropriate situations.

Q: What can an attorney do for me and when should I retain counsel to represent me regarding my workers' compensation claim?

A: It's up to you but the earlier in the process the better. In my opinion, in the highly disputed area of Workers' Compensation these days, there are few situations where an injured employee should try and navigate the waters alone. From the very beginning there are choices to be made that not only impact current treatment and benefits but the ultimate resolution of the claim. Workers' Compensation is not the place for DIY'S. To do so is to risk optimal treatment and maximum benefits in many cases.

Q: What is the difference between permanent-partial and permanent-total benefits?

A: Because of the way our Act is currently interpreted by the appellate courts, the difference in compensation paid can be staggering. The difference between a trial court finding you to be totally disabled (100%) versus partially-disabled (1%-99%) may result in a difference in benefits of many thousands of dollars. Trial lawyers in Alabama who practice in this area are currently working to change this law by closing the gap through the legislature but until we do, this is a battle which the employee must intelligently deal with. Unfortunately most injured workers don't even know of the threat, let alone understand how to fight it.

Q: What if someone other than my employer is responsible for my work-related injury or illness?

A: If this is the case, you may have personal injury claim (a "third party claim") against the party responsible for your work injury. These cases happen most commonly in vehicular accidents and product liability claims. A claim may be filed in State or Federal court against the other driver or at-fault party at the same time as the Workers' Compensation claim.

Q: What is the statute of limitations regarding the filing of a workers' compensation claim in Alabama?

A: Generally, the statute of limitations for filing a workers' compensation claim is two years following the accident or the last payment of compensation. However, there can be a "gray" area here as some employers will put you back to "work" (at an easy or "made-up" job) and pay you a check. If you're not careful, an argument will later be made that this was not compensation but wages. Thus, if the claim is filed more than two years after the accident the employer will argue that the statute of limitations has run. This can be devastating to the employee's claim if successful. 

Q: Am I able to pursue workers' compensation benefits even though I am no longer working for the employer I was working for at the time I was injured?

A: Yes, assuming you have complied with all the other conditions specified by the Alabama Workers' Compensation Act.

Q: What if my doctor returns me to full duty employment, but I feel that I am unable to perform that job anymore?

A: It is important that you follow your doctor's recommendation to return to work. The more positive and cooperative your attitude is towards returning to the job, the better it is for your workers' compensation claim in the long run. If you experience pain and discomfort when you return to work, you should report this to your supervisor and request an appointment with your doctor as soon as possible. If you aren't getting any help you probably need an attorney.

Q: I have been handling my own claim for two years but am not getting anywhere. Is it too late to hire an attorney?

A: No. But you should have a competent Workers' Compensation attorney look at the facts immediately (see discussion of the statute of limitations above.)

Q: Is it possible to receive a lump-sum settlement due to my disability?

A: Yes, it is often possible to negotiate a lump-sum settlement. (But see the  discussion of permanent-partial and permanent-total disability benefits above regarding the differences in the two.)

Q: What happens if I settle my workers' compensation claim?

A: Generally, it's over. If you settle your claim, you are closing out any further claim to workers' compensation benefits regarding your injury. There is no "do-over" in these cases, making it important to get it right for you and your family now.

Q: What happens if I choose to decline a settlement offer from my employer?

A: At this point, assuming no further negotiations are going to bridge the gap, you probably need to go to court. You may file a petition asking a court for a hearing so that all evidence surrounding your claim may be heard in open court by a judge.

Q: Will I be entitled to receive any other benefits even if I return to work at my regular job after receiving treatment for my injury?

A: In some cases, you may be entitled to compensation for the permanent-partial loss or use of the injured part of your body or yourself as a whole. This compensation is called permanent-partial disability compensation (PPD). (See discussion above regarding permanent-partial disability benefits.)

Q: Will I be entitled to receive any benefits if I am unable to return to work after being treated for my injuries?

A: If it is necessary for you to accept a lower-paying job due to your inability to perform, you may be entitled to benefits of a permanent nature. (See discussions of permanent-partial and permanent-total above.) Also, go to other portions of this website discussing Social Security disability benefits.

Q: Will I be entitled to any vocational rehabilitation benefits in order to retrain me for a new occupation if I am unable to perform my previous job due to my injuries?

A: If you are unable to return to your usual occupation, your employer may be responsible for all necessary and reasonable vocational rehabilitation.

We hope this section of my website has answered some of your questions. If you still need more information or for a free case evaluation with an experienced workers' compensation attorney, contact us today.

Charles H. Rice, Attorney at Law
1311 Gurnee Ave
Anniston, AL 36201-4568
Telephone: 256-238-0038 | Fax: 256-236-2668

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Charles H. Rice, Attorney at Law represents clients in Anniston, Alabama and other communities in Calhoun County, Talladega County, St. Clair County, Clay County, Cleburne County and Etowah County.