Have you been injured while on the job? Under the Alabama Workers’ Compensation Statutes, an employee is entitled to receive compensation from the employer for his or her injuries if the employee was injured in an accident arising out of and in the course of employment. Ala. Code § 25-5-31. Whether the employee was injured “in the course of his employment” is a usual issue in workers’ compensation law. An employer may try to deny your compensation by claiming that you were an independent contractor and not an employee of his or her business.
Another issue that may arise is that an employee is required by law to give the employer five (5) days written notice of the injury in order to invoke the right to compensation. There are a few limited exceptions to this requirement. An experienced attorney will know these exceptions and how to rebut the employers claims that the injury did not happen in the course of employment.
An injured employee is entitled to medical treatment by a physician of the employer’s choosing. If the employee becomes dissatisfied with the treatment, the employee may then select the physician from a panel of four physicians chosen by the employer. An employee is also entitled to receive at least two-thirds (2/3) of his or her average weekly earnings. The length of time that an employee receives a portion of his or her weekly earnings is dependent on the facts of the case. Remember, your workers’ compensation claim must be brought within two (2) years of the accident.