What is Worker’s Compensation in Alabama?
Worker’s Compensation :
Alabama’s Worker’s Compensation Act provides injured workers certain limited compensation and medical benefits without the injured worker having to show that the employer was at fault in causing the worker’s injuries.
There is presumption that all employees are subject to the Worker’s Compensation Act. However, there are certain exemptions, including domestic servants, farm laborers, casual employees, and employers who regularly employ less than five employees.
What Does Worker’s Comp Pay For?
An employer is liable under the Alabama Worker’s Compensation Code for benefits where there is an injury or death of an employee caused by an accident arising out of and in the course of employment. Cumulative trauma and continuous exposure can also be a compensable accident under the Worker’s Compensation Act.
How Do I Get if I am Out of Work?
During the period of time that an employee is totally unable to work, the employee is entitled to two-thirds of his/her average weekly wages based on an average of wages for the 52 weeks before the accident. Fringe benefits are to be part of that calculation as well. Following an accident, if an employee is permanently partially disabled, then compensation pay may be made in one of two ways. If only certain parts of the body are affected by the accident, then the injury can be treated as a “scheduled injuries” in which the Worker’s Compensation Code sets a payment rate for particular portions of the anatomy that are injured. The second method is compensation for “unscheduled injuries” where the physical injury extends to other parts of the body and interferes with their efficiency, thus ultimately affecting the injured employee’s ability to earn wages..
Schedule a free consultation today.
We view our clients as people, something that has enabled us to effectively practice law for more than two decades.