Workplace Injury Lawyer in Mobile

Seeking Compensation for Workplace Injuries

Workplace injuries can have a significant impact on your life, both physically and financially. If you have been injured on the job in Mobile, it’s important to seek the help of a skilled workplace injury lawyer to ensure you receive the compensation you deserve.

Most workplace injuries fall under the Alabama Workers’ Compensation Laws. Although this compensation system in Alabama was designed to help you recover compensation for lost wages, medical bills, and more, it is notoriously complicated with a lot of paperwork and deadlines. If you’re not experienced in how the system works, you can quickly be taken advantage of and lose the rights and compensation you deserve.

Many legitimate workers’ compensation claims are initially denied due to the unscrupulous actions of employers and insurance companies. You may be told things that are not true, or you may “not” be told things that you need to know to make informed decisions about your treatment, care, and compensation. Often, you’ll be steered towards accepting treatment from a “company doctor” who is more interested in protecting the employer from high compensation costs than in protecting the patient’s best interests.

If you have been injured on the job in Alabama, contact an experienced workplace injury lawyer in Mobile at the Lattof & Lattof, P.C., law firm for help. We will answer all of your questions, provide you with the information that you need to make informed decisions and serve as your legal advocate to help you strengthen and file your claim or appeal a rejected claim. As always, our consultations are free, and we’ll be happy to give you guidance even if you’re not ready to hire a lawyer.

Our team is dedicated to fighting for the rights of injured workers and will work tirelessly to help you navigate the legal process. Contact us today at 215-850-5528 for a free consultation.

What Should You Do Immediately After a Workplace Injury?

Suffering an injury at work can be daunting, yet promptly taking appropriate actions can significantly influence the result of your claim. First, notify your employer about the injury in writing, detailing how and when it occurred. Have your employer send you to a doctor or hospital for medical treatment. If it’s an emergency, you may have to go straight to a hospital before filling out a written notification of the injury. Remember that written notification is essential for initiating the workers’ compensation process and protecting your rights. Keep a personal record of all communications and documents related to your injury and treatment. Gather evidence from the accident scene, such as photographs or witness statements, to support your claim. Consulting with a workplace injury lawyer early on can help you navigate these initial steps effectively.

What Are Common Mistakes to Avoid in Workers’ Compensation Claims?

Navigating the workers’ compensation process can be fraught with potential pitfalls. One common mistake is delaying reporting your injury to your employer, which can jeopardize your claim. Another is failing to seek immediate medical attention, as gaps in treatment can be used to argue that your injury is not severe. Refrain from giving recorded statements to insurance adjusters without a lawyer present since your words might be used against you. Do not settle your claim too quickly; ensure you understand the full extent of your injuries and future medical needs. Consulting with a workplace injury lawyer can help you avoid these and other common mistakes.

Why Was My Workers’ Compensation Claim Denied?

Workers’ compensation in Alabama is a no-fault system which means you do not need to prove fault to receive benefits. You can also recover compensation if your own actions contributed to your accident.

However, there are many possible reasons your claim may be denied. There are also some types of employee actions that negate the right to receive benefits. Common reasons for denial include:

The injury is not work-related or a pre-existing condition
Medical expenses are not related to workplace injury
The accident was not work-related
You did not provide proper notice
The accident was caused by drug or alcohol use
The accident occurred due to your own willful misconduct
You did not follow safety precautions
You breached workplace regulations

Has your workers’ compensation claim been denied? You have the right to file an appeal with the Hearings and Appeals Division within 15 days of receiving notice.

While there is no requirement to be represented by an Alabama workplace injury lawyer, it’s still usually a good idea to do so. Your Mobile workers’ compensation attorney will help you present evidence to support your claim and represent you during the hearing.

Third Party Liability Claims & Workplace Accidents

As a general rule, you cannot sue your employer if you suffer injuries in a workplace accident. However, you may have a separate claim outside workers’ compensation if your accident was caused by a third party.

Third-party liability claims can come up in many scenarios. For example, you may have a separate claim if you were driving for work and hurt in an accident caused by another driver. Third-party liability claims can also involve product liability if you were hurt by defective equipment.

If you have a third-party claim, you can seek compensation from the third party in addition to workers’ compensation benefits. However, the employer can seek repayment for vocational retraining and medical expenses if you do recover through subrogation. The Mobile work injury lawyers at Lattof & Lattof, P.C., will review your claim to determine if a third party is liable for your injuries.

In theory, workers’ compensation is a great system for giving injured workers a no-fault system to recover benefits fairly quickly. In practice, it’s complicated and leaves thousands of injured workers every year fighting a battle against insurance companies, their employer, and sometimes even a physician chosen by their employer.

At Lattof & Lattof, P.C., we believe every injured worker has the right to fair compensation for their injuries. We serve as your advocate to help you recover the benefits you need, so you can focus on your recovery.

How Can A Workplace Injury Lawyer in Mobile From Lattof & Lattof, P.C., Help with Your Claim?

At Lattof & Lattof, P.C., we understand the toll that a workplace injury or illness can take on you. You may be unable to work, struggling with medical bills, and potentially facing a frustrating claims process that leaves you fighting for the benefits you deserve.

For over 70 years, personal injury attorneys with Lattof & Lattof, P.C., have been helping workplace injury victims navigate the complex claims process. We strive to make you comfortable and self-assured through every step of your case – be it a workers’ compensation case or a 3rd party case. We take the time to clearly explain your case and what to expect – then handle everything on your behalf so you can focus on getting better.

Our family-run law firm has helped people like you file for workers’ comp benefits and fight denied claims for decades. We have helped countless injured workers recover the benefits they deserve to cover their bills and support their families. Contact us today for help with your workers’ comp case or to pursue a third-party claim.

Alabama Workplace Accident Statistics

In 2022, private employers in Alabama reported 33,500 non-fatal work-related injuries and illnesses. That’s 2.7 workplace accidents or illnesses for every 100 full-time workers, very close to the national average. About 19,000 of these injuries were more severe.

95% of recordable incidents were injuries, and 1,700 cases involved occupational illnesses. The most common were hearing loss, respiratory illness, and skin disorders, which made up 29% of occupational illnesses in the state.

Two sectors that employ 40% of the private sector are responsible for 53% of workplace illnesses and injuries in Alabama: manufacturing and trade, utilities, and transportation.

Common Workplace Accidents in Mobile

Workplace accidents can occur in many ways depending on the nature of the job site. At Lattof & Lattof, P.C., the following are three of the most common types of workplace accidents our Mobile personal injury lawyers see.

Construction Accidents

Construction is one of the most dangerous jobs nationwide. In Alabama, it’s responsible for the highest number of fatalities and injuries. Specialty trade contractors alone accounted for about 50% of the fatal workplace accidents in construction in Alabama each year.

Across the United States, about 21% of workers killed in fatal workplace accidents in 2018 were in construction. According to OSHA, the “fatal four” in the construction industry include:

Falls (33.5% of construction deaths)
Struck by object (11%)
Electrocutions (8.5%)
Caught in or between an object (5.5%)

Construction workers injured in a workplace accident generally have the right to workers’ compensation benefits.

Car Accidents

Around 40% of workplace deaths in Alabama and nationwide involve transportation. If you were injured in a car, truck, or transportation accident while on the job, you are still entitled to workers’ compensation benefits. You may also have a third-party claim if another driver was at fault.

Slip and Fall Accidents

After traffic accidents, slips, falls, and trips are the second-leading cause of fatal workplace accidents in Alabama. They’re also responsible for 15% of accidental deaths and 17% of disabling workplace injuries.

Slip and fall accidents can be the result of hazards at the workplace, spills or dust on the floor, poor maintenance, and risky behavior like tools or equipment left on the floor.

Mobile Workplace Accident Injuries & Occupational Illnesses

Workplace accidents can result in serious and life-changing injuries and even illnesses. While any type of injury can result from a work-related accident depending on workplace conditions, some of the most common injuries and conditions we see include:

Amputation
Brain injuries
Burns
Carpal tunnel syndrome
Fractures
Hearing loss
Knee injuries
Mesothelioma
Neck and back injuries
Nerve damage
Repetitive motion injuries
Shoulder injuries
Spinal cord injuries
Toxic chemical exposure

While many people are able to recover from a workplace injury, many are left with chronic pain, reduced quality of life, and an inability to work. At Lattof & Lattof, P.C., our Mobile work injury lawyers have a combined century of experience helping accident victims seek the full compensation they deserve.

We’ll help you file your workers’ comp claim and pursue compensation from a third party, when available, to protect your financial future.

Workers’ Compensation Benefits in Mobile, AL

The Alabama Workers’ Compensation Act covers most employees in the state. The workers’ compensation insurance system protects both workers and employers by providing a no-fault system for claiming benefits after a work-related accident.

There are three main types of benefits you can receive through workers’ compensation:

Medical benefits. This covers necessary medical care and rehab related to an occupational illness or injury. It also covers vocational rehabilitation
Compensatory benefits. This compensates you for lost wages due to missed work and/or permanent disability. Benefits are based on a percentage of your Average Weekly Wage
Death benefits. This will be paid to the dependents of an employee who dies within 3 years of a workplace accident. It includes funeral expenses and benefits for up to 500 weeks or until remarriage

There are also four types of compensatory benefits to replace lost wages. These benefits depend on the type or severity of your injuries.

Temporary total benefits. You can receive up to 2/3 of your Average Weekly Wage if you are totally disabled for a limited amount of time
Temporary partial benefits. You can qualify for benefits up to the portion of your loss of income if you can perform some work but not your regular job
Permanent partial benefits. You are entitled to benefits based on your injury severity if you have a permanent disability
Permanent total benefits. You can qualify for ongoing workers’ comp benefits if you suffer a serious and permanent disability that leaves you unable to work. Ongoing benefits are 2/3 of your Average Weekly Wage

Note that workers’ compensation does not offer any benefits for pain and suffering, mental anguish, and other intangible or non-compensatory damages. You may still recover compensation for these damages if your accident qualifies for a third-party claim.

How Can You Strengthen Your Workers’ Compensation Claim?

Building a strong workers’ compensation claim involves meticulous attention to detail and thorough documentation. Ensure all medical records accurately reflect the nature and extent of your injuries. Follow your doctor’s treatment plan precisely, as failing to do so can be used against you. Keep detailed records of all expenses related to your injury, including medical bills, travel costs for treatment, and any out-of-pocket expenses. Maintain a journal documenting your recovery process, symptoms, and how the injury affects your daily life. This can provide valuable evidence of your ongoing struggles. An experienced workplace injury lawyer can assist in gathering and organizing this information to present a compelling case.

Can You Receive Compensation for Emotional Distress?

While Alabama’s workers’ compensation system primarily covers physical injuries, emotional distress can also be a significant consequence of workplace accidents. Although workers’ compensation does not typically cover pain and suffering or emotional distress, there may be avenues for compensation if a third party is involved. For instance, if your injury was caused by defective equipment, you might pursue a third-party liability claim, which can include compensation for emotional distress. Discussing your case with a workplace injury lawyer can help identify potential claims beyond workers’ compensation.

How Long Do You Have to File a Workers’ Compensation Claim in Alabama?

In Alabama, you typically have two years to file a workers’ compensation claim from when the injury occurred. However, it’s crucial to report your injury to your employer as soon as possible, ideally within five days, to ensure your claim is not jeopardized. Reporting delays may result in complications or the refusal of benefits. If your claim is denied, you have the right to appeal, but strict deadlines apply. Consulting with a workplace injury lawyer promptly can help ensure you meet all necessary timelines and preserve your right to compensation.

What Role Does a Workplace Injury Lawyer Play in Your Case?

An attorney specializing in workplace injuries acts as your representative during the claims procedure, safeguarding your rights and making sure you obtain the compensation you are entitled to. They can help you understand the complexities of workers’ compensation laws, gather and present evidence, and negotiate with insurance companies on your behalf. Should your claim be rejected, an attorney can assist you with the appeals procedure, advocating for you during hearings and making sure your case is effectively communicated. Additionally, they can identify potential third-party claims that may provide additional compensation. With a lawyer’s support, you can focus on your recovery while they handle the legal intricacies of your case.

How Can Lattof & Lattof, P.C., Assist with Third-Party Claims?

At Lattof & Lattof, P.C., we have extensive experience handling third-party claims alongside workers’ compensation cases. Our team will conduct a comprehensive investigation into your accident to pinpoint any third parties potentially responsible for your injuries. This might involve manufacturers of faulty equipment, careless drivers, or other parties. We aim to construct a robust case to seek compensation for damages not addressed by workers’ compensation, including pain, suffering, or emotional distress. Our objective is to optimize your recovery and guarantee you obtain the complete array of benefits and compensation you are entitled to.

Selecting the appropriate legal counsel can greatly impact the results of your workplace injury claim. At Lattof & Lattof, P.C., we bring over 70 years of experience and a deep commitment to our clients. Our family-operated business recognizes the difficulties that injured employees encounter and is committed to offering tailored, empathetic legal assistance. We take pride in our track record of success, helping countless clients secure the benefits and compensation they deserve. With a focus on clear communication and client empowerment, we ensure you are informed and confident throughout the process. Contact us today at 215-850-5528 for a free consultation. Let us help you navigate your workplace injury claim.