Workers' compensation is the money or benefits paid by an employer to an employee who is injured on the job. The employer either pays directly or through insurance. The money is used to pay medical costs and provide compensation for lost wages. Workers' compensation benefits are awarded regardless of fault or negligence. How does Workers' Compensation Work?
Workers' compensation works by providing continued pay and benefits for the inured person, until they are ready to return to work. Often times, the pay is only a percentage of the actual salary. In exchange for the benefit of workers' compensation, the injured employee gives up the right to sue the employer. It is still possible to sue negligent third parties, however, and if the job injury victim is awarded damages, his or her first duty is to repay the employer or insurance company for the compensation previously received. The employer may also be able to sue a third party in an attempt to recover some of the pay and benefits received by the employee.
Work Related Injuries
Workers' compensation is most often used when an employee is hurt in a specific incident, such as a fall or other accident. Still, the system is not limited to injuries sustained in accidents. Illnesses or injuries incurred through participation in a normal, daily work environment or routine, such as repetitive stress injuries or problems from long-term exposure to toxic chemicals, may also qualify for benefits.
General Rules for Filing Workers Compensation Claims in Alabama:
These conditions must exist to entitle an injured employee to benefits under the Alabama Workers' Compensation Law.
1. The employee must work for an employer whose business is covered by the law. (Generally, the law covers employers of five or more employees; it does not apply to owner/operator or leased operator of common carriers engaged in interstate commerce, domestic servants, casual employees, farm laborers, U.S. and State government.)
2. The injury must result from an accident. ("Accident" is defined as an unexpected or unforeseen event happening suddenly and violently with or without human fault producing, at the same time, injury to the physical structure of the body or damage to an artificial member of the body by accidental means. See Article 4 of the law for specific provisions regarding occupational pneumoconiosis, and Article 4 and 7 regarding occupational radiation disease.)
3. The accident must arise out of and in the course of the employment. (There must be a relationship between the employment and the accident, and it must occur within the period of employment, at a place where the employee may reasonably be, and while he is fulfilling the duties of his employment or engaged in something incidental to it.)
4. Proper notice of the accident and injury must be given to the employer. (The law requires that notice be given within five days, but in any case notice must be given within ninety days following the accident. Actual knowledge has been held to be equivalent to statutory notice.)
WAITING PERIOD - In cases of temporary total or temporary partial disability, no compensation shall be allowed for the first three days after disability, nor in any case, unless the employer has actual knowledge of the injury or is notified thereof within the period specified. Compensation shall begin with the fourth day after disability, and in the event the disability from the injury exists for a period as much as 21 days, compensation for the first three days after the injury shall be added to and payable with the first installment due the employee after the expiration of the 21 days.
If you or someone you know is entitled to Worker's Compensation, contact us today. One of our experienced lawyers is waiting to assist you in getting the compensation you deserve.
