Workers’ Compensation Attorney
When a worker is injured on the job, it can get complicated very quickly. While you need to ensure your employee is OK, employers also need to protect their business. To avoid potential lawsuits, it’s crucial to hire a workers’ compensation lawyer to make sure you have the right policies in place, are properly insured, and help navigate any claims (especially suspected fraudulent claims) and lawsuits.
What Is Workers Compensation?
Workers’ compensation, or workers’ comp, is a program that provides benefits to employees who become injured or sick on the job – as a result of the job or workplace. In most cases, employers are required under government laws to provide workers’ compensation to their employees.
Workers’ comp benefits can include money, healthcare, or both for affected employees.
Common Causes of Workers’ Compensation Injuries
There are countless injuries and illnesses employees can suffer that can make them eligible for workers’ compensation claims. Some of the most common injuries can include:
- Industrial accidents
- Truck accidents
- Slip and fall accidents
- Machinery accidents
- Hazardous work environments
- Construction accidents
- Falling objects
- And more.
Workers’ compensation attorneys can help employers identify risky scenarios at their business that can result in injuries for their workers. Reducing the risk around the workplace can help avoid messy workers’ compensation cases.
What Benefits Do Eligible Employees Receive Under Workers’ Compensation?
If an employee files a substantiated workers’ compensation claim, they are eligible to receive benefits. These can include wages for time missed at work, medical expenses for treatment and rehabilitation, and potential disability payouts.
- Lost wages: While an employee is off of work, they may be eligible to receive up to two-thirds of their regular wages, until they reach the Maximum Medical Improvement.
- Medical benefits: An employee may be eligible to receive payments to cover hospital stays, doctor appointments, surgery, and other forms of treatment and medications. If needed, employees may also be eligible to receive physical or mental therapy services.
- Disability payments: In severe situations, employees might also be eligible for disability benefits. There are four categories they might fall under:
- Partial Disability: When an employee cannot perform their full job duties due to their injury or illness.
- Total Disability: When an employee cannot work at all due to injury or illness.
- Permanent Disability: When the employee’s injury is permanent.
- Temporary Disability: When the employee’s condition is temporary, but they do require time to recover.
What Responsibilities Does An Employer Have?
By law, all employers must carry workers’ compensation insurance if they employ at least five people. Failing to carry this insurance can result in heavy penalties, including fines, personal liability for paying their employees, and possibly even criminal prosecution.
In addition to carrying workers’ compensation insurance, employers must file injury reports for all incidents at the workplace and provide medical treatment for all injured workers. And perhaps most importantly, employers cannot retaliate against employees who file workers’ compensation claims. To ensure they are following the laws, companies should consult with a workers’ compensation attorney.
What Does a Workers’ Compensation Attorney Do?
If an employee is injured or gets sick on the job due to work or workplace conditions, employers may need to hire a workers’ compensation attorney.
Some common issues an attorney can help employers navigate are:
- If there is a question about whether an employee’s injury or illness is covered under workers’ compensation. In some situations, an employee’s injury or illness may not be covered under the workers’ comp laws, even if the employee is injured or becomes ill at work. An attorney with knowledge and understanding of workers’ comp law can assist the employer and its insurer in deciding whether a claim is legally compensable or should be denied.
- If an employee files a lawsuit against the company. An injured employee may forgo his or her workers’ compensation benefits and instead file a lawsuit against the business to collect damages. Employers will need a workers’ compensation attorney to represent the company throughout the lawsuit.
- If an employer doesn’t have the correct workers’ compensation insurance in place. Failure to have workers comp in place to provide benefits to an injured employee can result in fines from the government, as well as potential lawsuits from the affected employee. Companies will need an attorney to represent them against the lawsuits and penalties.
An attorney can also help companies establish a workers’ compensation plan before anyone is injured. A workers’ compensation attorney can review a company’s policies and ensure they have the right coverage in place. A lawyer can also help employers create a process for how to handle claims to make sure they take the right steps when the time comes.
Why Hire Us For Your Workers’ Compensation Needs?
When your company needs workers’ compensation help, hire our experts at Johnstone Adams LLC.
Our workers’ compensation knowledge is comprehensive and specialized, which is an important consideration in a practice area where one size does not fit all. We defend all manner of workers’ compensation claims ranging from obtaining court approval of lump sum settlements to defending claims for permanent total disability benefits. We also defend against retaliatory discharge claims, co-employee claims, and claims for the tort of outrage.
As part of our full-service employment practice, we also provide counsel on ERISA, executive severance, and immigration matters from our attorneys specializing in these highly detailed areas of law. Our clients are self-insured employers and insurance carriers and include companies from the healthcare, shipyard, construction, retail, hospitality, manufacturing, and staffing industries.
Contact an Experienced Workers’ Compensation Attorney in Mobile
Johnstone Adams LLC has been ranked Best Lawyers® “Best Law Firms” in the region for 12 practice areas in 2023. We’ve helped clients for over a century and provide a wide range of specialties with decades of combined experience. Our broad interests allow us to serve individuals and companies with the legal help they need personally and professionally.
When you need a workers’ compensation attorney, contact our Mobile, Alabama office today at (251) 319-4659 or fill out our online contact form.