When individuals are injured or become ill due to job conditions, they're entitled to workers' compensation. It covers medical care and up to 66 2/3% of their lost wages until they recover. In cases where individuals remain limited, they'll receive permanent disability benefits. However, these injury cases have a high burden of proof, so many claims are denied on the first attempt. To ensure you receive the support you're owed, learn more about the process.

What Proof Do I Need?

Report the injury to a manager as soon as the injury occurs. Fill out an accident report using as much detail as possible. Request a copy when submitting it to the employer, as it's part of the official record.

If co-workers witnessed the accident, take down their contact information. They can confirm the events as described.

Individuals must find appropriate medical care to prove the validity of a workers' compensation claim. If they sustain an acute injury, they can choose the medical provider they wish to be treated by. Notify the doctor that it's a work-related injury.

In non-emergency cases, Alabama laws allow the employer to choose the treating doctor. Unfortunately, this may pose a conflict of interest. Some physicians may be motivated to minimize the injury's scope or report it as a pre-existing condition, which will result in claim denial. If not satisfied with the physician's diagnosis, Alabama workers must notify their employer in writing. The company's insurance provider must submit a list of more doctors. Your attorney may also be able to get you permission to use your preferred physician.

Request copies of the medical reports. Also, obtain copies of your medical records. These documents will establish that there wasn't a pre-existing condition and confirm the extent of the injury or illness. Your attorney may also hire a third-party expert to testify to the validity of your claim.

How Do I File a Claim?

In Alabama, individuals have two years from the date the injury occurred to file a workers' compensation claim. If the injury isn’t an emergency, an employee has five days to report it to their manager. In some cases, however, they have up to 90 days. For some, injuries or illnesses take time to develop. Once diagnosed, the staff member has up to 90 days to report it to their employer.

Contact a workers' compensation attorney to organize the evidence. The attorney will properly file the paperwork to increase claim approval chances. They can also represent you in an appeal if your employer denies it the first time.

Bennett Law Firm understands the challenging process of obtaining workers' compensation. For over 20 years, they've helped their clients receive the settlement they're rightfully owed. They're also known for their rigorous representation and dedication to their community. While they're based in Montgomery, they serve injured persons throughout the entire state of Alabama. Clients only pay if they receive a positive outcome. For more information on their practice areas, visit their website. To schedule a free consultation, call them at (334) 261-4400.