Birmingham Work Injury Attorney
Seek the benefits you deserve under workers' compensation.
Workplace injuries. They can happen anywhere and in any industry. If you have sustained an accident at your place of employment or worksite-- you are not alone. The hazards and risks of the workplace are numerous.
Unfortunately, however, without a competent attorney to provide much needed education, navigation, and representation, it is difficult, if not nearly impossible, for injured individuals to fully understand and avail themselves of the safeguards of worker's compensation law.
Here at Spellen Law, we understand that all too often, due to the serious nature of the injuries, individuals can not immediately return to work-- and at the same time, face exorbitant medical bills while dealing with the additional challenge of fighting for their benefits during a health crisis. As a matter of reality, there are a countless number of challenges arising from being an injured worker.
Here at Spellen Law we have skilled and experienced workers' compensation attorneys ready to help you understand your rights and benefits under the the law. We can lead you through the interplay of insurance benefits, medical bills, and lost wages so you can focus on what matters most-- your recovery.
Demystifying the Workers' Compensation Process
The average employee might not be familiar with the benefits they are entitled to after they have been injured at work. There are a lot of hoops to jump through and red tape to tear down throughout the process of filing and settling a workers’ compensation claim. That is why it is important to have a trusted and knowledgeable attorney by your side as soon as possible. Your attorney can guide you through the process every step of the way, from filing the initial claim to negotiating with the insurance company to settling the case.
Our attorneys at Spellen Law can help you apply and fight for the benefits you need to recover as they pertain to your incident.
You may be eligible for one or more of the following benefits:
Temporary disability (TD) payments, partial or total
Permanent disability (PD) payments, partial or total
We can help you understand and apply for each of these benefits. Although the insurance company might argue that you are not entitled to a certain benefit, our attorneys are prepared to fight for your rights on your behalf.
Critical Steps to Take After Sustaining a Work Injury
If you’ve had an accident at work that has caused you to sustain an injury, you have the right to file a workers’ compensation claim. The following steps are crucial to increasing your chance of a favorable decision.
Step 1 - Report Your Injury
No matter how minor your injury may be, it’s imperative to report the injury to your employer immediately. The injury report provides proof that your injury happened at work and without an injury report, you will not be able to file a workers’ compensation claim. Here’s what needs to be included in the injury report:
How the accident happened
Witnesses to your accident
What body parts were injured
Who you reported the accident to
Time and date when the accident occurred
Symptoms from your sustained injury (swelling, pain, cuts, bruising)
It’s important to meet all required deadlines. You have 90 days from the date you were injured to file a workers’ compensation claim.
Step 2 - Seek Medical Attention
You’ll want to get proper treatment for your work-related injury so you can heal as quickly as possible and resume regular activities — including work. The medical documentation from your treatment also serves as a vital piece of supporting evidence in your workers’ compensation case.
Step 3 - Contact a Workers’ Compensation Attorney
Taking on the insurance company alone may not only be confusing but it can also add stress on top of the worries you already have about your injury. Focusing on healing is important. If you decide to take on your workers’ compensation case alone, you’ll be expected to know workers’ compensation laws, filing deadlines as well as how to deal with insurance companies. Individuals who do not have experience in filing a workers’ compensation claim could put their case in jeopardy.
Importance of Meeting Deadlines
Insurance company claim representatives are trained to find the tiniest mistakes to deny a workers’ compensation claim — and missing deadlines makes it that much easier for them to do so. One way to ensure that your claim gets filed properly is to enlist the assistance of a workers’ compensation attorney. A workers’ compensation attorney understands how the process works as well as the submitting time-sensitive documentation.
Treatment Protocol for Your Work- Related Injury
When you are injured at work, your employer will send you to a doctor that is deemed “authorized” to treat you. While you have the right to go to your private doctor, he or she will be noted as “unauthorized” in your case. Agreeing to use the doctor your employer chooses shows that you are being as compliant as possible and could help your case. If you are unsure whether or not using your personal physician will negatively impact your claim, you should discuss this concern with your worker’s compensation attorney so you can make the best choice possible.
What to Do If Your Workers' Compensation Claim Is Denied
Denied workers compensation claims are not uncommon. However, you have the right to appeal the decision. The first step in the appeals process is to find out why your claim has been denied. Ensure you take note of the appeal deadline date that is provided in your denial letter. Here are some common reasons why workers’ compensation claims are denied:
The work-related injury was not reported in time
The claim was not submitted within filing deadlines
Your injury is not eligible for workers’ compensation benefits
You did not obtain medical treatment for your work-related injury
There is a lack of evidence that your injury happened on the job or was work-related
Your employer is disputing the claim
Common Reasons Why Injured Workers Fear Filing a Claim
Many injured workers fear that reporting an injury or filing a workers’ compensation claim could have a negative impact on both their work and personal life. Fortunately, there are many laws in place that protect injured workers from employer retaliation. If you are fearful of being treated unfairly by your employer due to a work-related injury, or if you are facing these issues after filing for workers' comp, our attorneys can help ensure your rights are protected.
Here are some things that injured workers commonly fear:
Being Fired - It is against the law to be fired for filing a workers’ compensation claim. If you were fired before returning to work, you may have a retaliatory case. Each case and circumstances regarding retaliation are unique so it’s imperative to seek the counsel of an experienced workers’ compensation attorney to defend your rights.
Deportation - Undocumented immigrants often fear they will face deportation if they seek medical treatment or file a workers’ compensation claim. Undocumented immigrants are protected under workers’ compensation law and have the right to file a claim.
A Team with Your Best Interest in Mind
At Spellen Law, we understand the pain you are going through after a workplace injury. No matter how severe your accident was, the recovery process can be difficult and stressful. Our compassionate Birmingham workers' compensation lawyers are patient and respectful of your situation. We will go the extra mile to make sure you are well cared for throughout your workers’ compensation claim process. We are in this together.