This question and concern undoubtedly go through the minds of every single person who gets injured on the job. While there are many other stressors going on at the same time, once the injured employee realizes that medical care is needed, the next most pressing question is often what to do about payment for the medical care.
Who’s responsible for medical bills after a work injury in Alabama?
In most emergency instances, when someone is hurt on the job, they will immediately be taken by private car or ambulance to the hospital. Upon arrival, the intake nurse will typically ask whether this is covered under workers’ comp or through private pay.
In most situations, the correct answer will be through the workers’ compensation insurance carrier. What this means is that the workers’ compensation insurance carrier will pay 100% of the necessary medical care related to the on-the-job injuries, including:
- Tests
- Blood work
- Scans and X-rays
- Prescriptions
- Therapy
- Surgery
- Overnight hospital stays
Mileage is also reimbursed by the work comp carrier.
A Different Type Of
Settlement Mill
Over the last several years, the phrase “settlement mill” has been heard more and more in the legal profession.
Common excuses employers use to avoid paying for a work injury
The reality is that some employers try to get out of paying for a worker’s medical care after an injury at work, even though they’re legally obligated to provide this and other types of workers’ comp benefits under Alabama law.
Below are some of the most common situations we see at our firm.
Employer claims they’ll reimburse the worker for the injury later
Some shady employers do not want to disclose the job-related injury and accident to their insurance carrier, so they will improperly instruct the injured employee to put it on private pay, claiming that they will reimburse the employee later.
Unfortunately, this scenario usually does not end well for the injured worker, as they will then be forced later to fight with the insurance carrier to get this placed on workers’ compensation. This typically leads to the worker having to hire an attorney for representation.
This scenario is not the norm, thankfully. In most situations, the insurance carrier does the right thing and picks up the responsibility from the beginning.
Employer claims the injury isn’t work-related
Another scenario that frequently occurs is when the employer disputes whether the injured worker’s injuries occurred at work or are legitimately work-related.
For example, an employer might claim that a repetitive stress injury, such as carpal tunnel syndrome, isn’t work-related by arguing that the injury could have developed from activities outside of work.
Similarly, an employer might dispute a claim involving a pre-existing condition, such as chronic back pain, asserting that the new back injury is merely an exacerbation of a prior issue, rather than a result of work activities.
In these scenarios, the employee will be forced to pay for the necessary medical care until or unless the employer or insurance carrier is convinced it should be covered through workers’ compensation. This might not occur until the injured employee is forced to file a lawsuit and try the case in court before a judge.
What should I do after a work injury to make sure my medical bills are paid by workers’ comp?
The most important thing a person who is injured on the job can do to protect their rights is give prompt notice to someone in management so that they can begin the workers’ comp process.
This should ideally be done in writing within 5 days but must be done within 90 days in most situations to be covered under Alabama workers’ comp.
Taking this crucial step will give injured workers a much better chance of having their medical care paid for through workers’ compensation.
5 Do’s and Don’ts of Filing
an Alabama Workers’ Compensation Claim
To have a successful workers’ compensation claim in Alabama, there are certain things for the injured worker to consider — such as these mistakes to avoid.
Is your employer refusing to pay for your medical care after an injury at work in Alabama? We can help!
If you were injured on the job and are unsure about how your medical care will be paid, or if your employer is wrongfully refusing to cover your work injury, please contact Nomberg Law Firm.
Our skilled Birmingham work injury attorneys have decades of experience fighting for the rights of injured workers in Alabama to help them get the compensation they deserve.