Learn if and when you might be able to reopen your workers’ comp case in Alabama
Finally finding a resolution to a workers’ compensation claim is the main goal of almost every injured employee. It’s far from easy to be in pain and navigate the whirlwind of paperwork and doctor visits that go along with an objectively tedious and trying time.
Once a claim has concluded, money has been awarded, and you, as the employee, attempt to wade back into your duties at work, you might wonder if you can reopen your claim, especially if you’re having difficulty performing your job.
Fortunately, there are some circumstances that allow an employee to do just that, which we’ll explain below.
Can I reopen a workers’ comp case in Alabama?
Yes, in Alabama, workers’ compensation claims can be reopened in certain situations, typically if there’s a significant change in your medical condition after the claim has been resolved. To illustrate why this option could be of importance to you, consider this example:
Suppose an employee named Joe is working on a job site, and one of his duties involves climbing up and down ladders. Joe has been properly trained and is following all the safety protocols mandated by his employer. One day, Joe falls while climbing the ladder and suffers a significant injury to his back. He undergoes surgery and physical therapy, all covered by workers’ compensation through his employer.
Eventually, Joe returns to work, but he is unable to perform his previous duties. Joe then loses his job for a reason that does not include one of the following:
- A “labor dispute”
- A voluntary resignation
- A dishonest or criminal act
- An actual or threatened misconduct after a previous warning from his employer
- A lapsed vocational license
Since none of these apply, Joe is then able to reopen his workers’ compensation case to obtain a reconsideration of his permanent partial disability rating. Had this employee worked in a different state, the same conclusion to the story might not have been written.
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What is a permanent partial disability rating?
A permanent partial disability (PPD) rating is a measure used in workers’ compensation cases to determine the extent of an employee’s lasting physical or functional impairment due to a workplace injury. The rating is expressed as a percentage and reflects how much the injury affects the worker’s ability to perform their job or earn a living.
The higher the PPD rating, the more compensation the employee may be entitled to receive to account for their diminished earning capacity or inability to perform certain tasks.
Let’s look at Joe’s situation again. After suffering a significant back injury and receiving initial medical treatment through workers’ compensation, he was eventually cleared to return to work. However, his injury prevented him from performing the duties he once could, like climbing ladders, which led to a loss of his job. Since Joe was fired because his condition worsened over time and prevented him from doing his job, he can seek to reopen his case to have his PPD rating reconsidered.
Revisiting his PPD rating could result in additional compensation to account for the long-term impact of his injury, which wasn’t known when he initially returned to work. Fortunately, Alabama’s workers’ compensation laws allow for cases like this to be reopened, providing injured workers with a vital safety net for unforeseen changes in their condition.
Consulting with a local Birmingham workers’ compensation attorney can help workers like Joe ensure their rights are protected and they receive the benefits they need to support their recovery and future.
How long do I have to reopen my workers’ comp case in Alabama?
Unlike many other states, the state of Alabama allows for workers’ compensation claims to be reopened if the employee is terminated any time within 300 weeks of their injury.
This means that regardless of a previously concluded claim, an employee can reopen their case within 2 years of the termination for their rating to be reconsidered as long as their termination does not fall within 1 of the 5 exceptions mentioned in the example above, listed under § 25-5-57(a)(3)(i) of the Alabama Code.
Have questions about reopening an Alabama workers’ comp claim? We’ve got answers!
A change for the worst in your employment status after attempting to return to work is not something you have to endure without complaint. Even after a successful claim for injury compensation, as an employee in Alabama, you are entitled to further compensation in certain cases after termination. You should contact a workers’ compensation lawyer to learn if your claim meets this standard.
Alabama employees who suffer an on-the-job injury or occupational disease may be entitled to workers’ compensation benefits or other benefits, so it’s crucial to understand your rights and the process for filing a claim. As we have since 1967, Nomberg Law Firm will continue to protect the legal rights of our clients—those who are hurt on the job while working for Alabama employers.