Have you been injured in a work-related accident? To speak with an experienced workers' compensation lawyer, contact Pitts & Zanaty, L.L.C.
We have office locations throughout Alabama, including Anniston, Albertville, Birmingham, Cullman, Decatur, Florence, Gadsden, Huntsville, Montgomery, Talladega and Tuscaloosa. For additional information about workers' compensation please see the articles below.
Workers' Compensation - An Overview
U.S. employers and their employees rely on our dependable workers' compensation system to resolve disputes about vocational/occupational injuries and diseases and to provide for related worker needs. Workers' compensation benefits are commonly awarded for work-related injury, illness and death, helping to meet the needs of injured workers and their families when faced with overwhelming situations. If you or your family member is injured or becomes sick in the course of employment, a workers' compensation lawyer from Pitts & Zanaty, L.L.C. in Anniston, AL, can assess your potential workers' compensation claim.
Employer Retaliation Against the Workers' Compensation Claimant
Workers' compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely (albeit relatively lower) reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court and potentially liable for large verdicts.
Workers' Compensation Death Benefits
In addition to workers' compensation benefits for workers for their job-related injuries and illnesses, if such maladies ultimately result in death, certain survivors have the right to receive death benefits through their states' workers' compensation systems. If you are the family member or dependent of an employee who died from an injury or sickness incurred in the course of his or her employment, a workers' compensation attorney can advise you about workers' compensation death benefits.
Rather than Collecting Workers' Compensation, May I Bring a Lawsuit Against My Employer?
Workers' compensation is usually the only legal remedy for an employee injured or sickened in the course of employment. The public policy behind workers' compensation envisions a bargain between employers and employees in which workers give up the right to sue their employers in court in exchange for the guaranty of workers' compensation benefits. This reduces tension in the workplace by creating a predictable method for resolving employer-employee conflict. Although workers' compensation awards tend to be smaller than those in lawsuits, employees are not left without support during drawn-out court proceedings with unsure outcomes.
What Are the Vocational Rehabilitation Rights of Injured Workers?
Vocational rehabilitation is the process of rebuilding work skills as part of recovering from an injury or illness. Sometimes an injured individual can eventually return to his or her previous job. If an injury places long-term or permanent limitations upon the person, retraining for a new type of job may be necessary. Depending upon the law of your state, if you require vocational rehabilitation after a job injury or industrial illness, your employer or its workers' compensation insurer, or the state, or some combination of these three resources may be required to pay for your vocational rehabilitation services as part of your workers' compensation benefits.
Workers' Compensation Resource Links
Workplace Health and Safety
Information on workers' compensation and links to information on occupational health and workers' rights, provided by the AFL-CIO.
Injuries, Illnesses and Fatalities (IIF) program
Statistics and articles on injuries, illnesses and fatalities in the workplace from the Bureau of Labor Statistics (BLS).
Job Accommodation Network (JAN)
A free consulting service for workers with disabilities and their employers from the U.S. Department of Labor that provides information about job accommodations, the Americans with Disabilities Act (ADA) and the employability of people with disabilities.
Workers' Compensation: An Overview
Overview of workers' compensation law from Cornell Law School.
National Institute for Occupational Safety and Health (NIOSH)
Provides comprehensive information on workplace injuries from a division of the Centers for Disease Control and Prevention (CDC).
Frequently Asked Questions
To take the uncertainty out of the circumstances following a work-related injury or industrial illness, the workers' compensation system provides a reliable procedure for resolving resulting problems. Broadly, if an injury or illness occurs in the course of employment, regardless of whether the employer was negligent or otherwise at fault, the worker receives benefits that may include wage replacement, medical coverage or other assistance. In exchange, the employee is not allowed to sue the employer for the injury and the employer must carry insurance or otherwise legally provide a means to cover workers' compensation expenses. Most employers are subject to the workers' compensation system, but some states exempt smaller employers, and most federal workers and certain national industries are covered instead by comparable federal programs.
Virtually all types of work-related physical injury and industrial illness are covered by workers' compensation. Very commonly covered conditions include repetitive-stress injuries (RSIs) like carpal-tunnel syndrome (CTS), back injuries, traumatic injuries, wounds or bodily reactions to substances. Many states also cover mental or emotional harm, but the standards for psychological coverage vary greatly from state to state. Pre-existing conditions are generally not covered unless aggravated at work.
Available benefits vary from state to state, but usually include compensation for medical expenses and disability benefits to replace wages, at least in part. States use various methods for calculating benefit amounts, such as schedules or formulas that may take into account the severity and type of injury and amount of lost wages. Some states offer other types of benefits, such as vocational rehabilitation. Death benefits are available to surviving dependents of workers who die from occupational injury or disease.
State laws require one of three payment methods or a combination thereof. Employers may need to carry workers' compensation insurance; employers may self-insure by setting up a fund sufficient to cover outgoing benefits; or the state may administer its own fund into which employers are required to pay.
Of course, you should first obtain necessary emergency treatment. Second, give notice of the injury or disease to your employer as soon as possible. State laws vary about what type of notice is sufficient, whether a designated person needs to receive it, how soon it must be given and if there is a deadline. Also, some states require notice to other parties, such as the state workers' compensation agency, local court or workers' compensation insurer. Third, file your workers' compensation claim with the state agency in a timely manner. Consult a knowledgeable workers' compensation attorney as early in the process as possible for advice about how to proceed every step of the way.
Whether you can choose your own doctor depends on your state's law. Most states allow emergency treatment without concern for consultation with the employer or insurer. Beyond an emergency, the choice of treating physician may belong to the employee, the employer, the workers' compensation insurance carrier or the state. Sometimes the employee can choose from a list of providers compiled by the employer, insurer or state agency. Your state law may also control how to change providers or other situations, such as obtaining a second opinion.
Each state has a procedure for appeal of a denied claim. Normally the first review is by the state workers' compensation agency, where there may be more than one level of claim re-evaluation and a hearing is usually held. Typically if the agency ultimately affirms the claim denial, the employee can appeal to the state court system, where there may also be more than one level of appeal. Representation by an attorney is helpful at any stage of appeal, particularly at any hearing and in court.
If you are harmed in the course of employment, you are entitled to workers' compensation, regardless of the cause. You may be able to sue a third party that caused the injury, such as the manufacturer, distributor or seller of faulty equipment that caused the injury. If a co-worker caused the injury, most states do not allow you to sue your colleague, but some do. If you recover from a third party, your employer or its insurer may be eligible for workers' compensation reimbursement or they may be able to join the suit.
