Faqs

So its time to go to trial in your Alabama workers’ compensation case. What is that like?  In this video, Bernard discusses what trial is like for a work comp case.

Alabama is the only state where workers’ compensation cases are tried and ruled on by a trial judge.  Trials usually last less than one day, most only take a few hours. It really depends on how many issues are contested between the parties. The more issues the parties can agree upon the shorter the trial. For example, if the degree of disability is the only issue before the court, and everything else is stipulated to and put into evidence, then typically the trial will last just a couple of hours.  For more information on this subject, check out our blog: I HAVE A WORKERS’ COMPENSATION CASE AND WE HAVE TO GO TO TRIAL. WHAT IS THAT LIKE?

Also, see, SETTLE YOUR WORKERS’ COMPENSATION CLAIM OR GO TO TRIAL? where Bernard discusses settling a work comp claim or going to trial.

The injured worker can receive the following benefits:

1. Medical treatment – authorized by the employer/workers’ compensation carrier

2. Temporary total disability benefits – two-thirds of the average weekly wage, subject to a ceiling and floor

3. Mileage reimbursement – for authorized medical visits (doctor, therapy, pharmacy, hospital)

4. Compensation for physical impairment

5. Compensation for vocational disability

The injured worker also needs to know what benefits he cannot receive under the Alabama Workers’ Compensation Act:

1. Compensation for pain and suffering

2. Compensation for emotional distress or mental anguish

3. Reimbursement for lost wages

4. Compensation for loss of consortium

5. Punitive damages

For more information on benefits an injured worker can receive, look at our blog entry on this topic: I Have Been Hurt on the Job in Alabama. What Benefits Am I Eligible to Receive? In Other Words, How Do I Figure Out How Much Money I Can Get in My Case?

In this video, Bernard discusses mediating a workers’ compensation claim to settlement as well as taking the case to trial.  Advantages and disadvantages of both are discussed.

Check out Bernard’s article from NomBlog on this topic:  I HAVE A WORKERS’ COMPENSATION CASE AND WE HAVE TO GO TO TRIAL. WHAT IS THAT LIKE?

Also, see, SETTLE YOUR WORKERS’ COMPENSATION CLAIM OR GO TO TRIAL? where Bernard discusses settling a work comp claim or going to trial.

“Should I take a lump sum settlement or go to trial in my workers’ compensation case?” This is a question we face many times with our clients as their respective cases get closer to trial.  While every case is different, there are some general ideas that all injured workers should take into consideration: settlements are a common route for workers’ compensation claims.  If you were injured on the job in Alabama, settling your claim may be the best option if you don’t want to deal with a lengthy claim process or if you are no longer expected to recover from your injuries. However, it is not the best option for everyone, and making a knowledgeable and informed decision is important to receiving the compensation you deserve.

 

In this video, Bernard discusses what you are to do after you are hurt in an on the job accident in Alabama.  Providing notice of the accident is the first thing to do.  Then, request medical treatment.

We have discussed these situations in NomBlog: IF I GET HURT ON THE JOB AND I NEED MEDICAL CARE, WHAT ARE MY OPTIONS?  and HOW DO I FILE A CLAIM FOR WORKERS’ COMPENSATION BENEFITS IN ALABAMA?

Important take aways from these articles: The most important thing is that once a person is injured on the job, that they give notice to someone in management with their employer so that they may begin the process which would give them a much better chance of having their medical care paid for through workers’ compensation.

If you have been involved in an on the job accident, you need to notify your employer as soon as possible after the accident occurs and request to see the workers’ compensation doctor. If you have a serious injury or your claim is denied, immediately contact an attorney to discuss your rights. If your claim is denied or if medical benefits are not approved, an attorney can assist you in filing your claim in court to pursue those benefits.

 

Bernard answers questions submitted by viewers concerning workers’ compensation claims.

Social media is woven into the fabric of our daily lives. What you, the injured employee, puts on social media, can have a significant impact on your workers’ compensation case. We have previously written about social media on NomBlog: SOCIAL MEDIA – TEN TIPS FOR THE WORK COMP OR PERSONAL INJURY CLIENT and WHEN CAN A PHOTOGRAPH COST YOU $100,000? In this video, Bernard discusses social media’s impact on workers’ compensation and personal injury claims.

We know that our clients need answers. We also know that after being injured on the job it can be a very stressful time for them. We keep these things in mind when meeting with them and throughout our representation of our clients in their cases.  Here, Bernard discusses what it is like representing people hurt in work accidents.