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    At my firm, you will work directly with me the entire duration of your case.

    One-on-One Attention
  • Commitment to
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    I strive to provide the best possible representation to each one of my clients.

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Workers' Compensation FAQ

If you have been injured in a work-related accident due to the negligence of another, then you may be able to obtain compensation for the injuries and financial hardships that you are experiencing. I am Attorney Thompson, and I can provide you with the legal assistance that you need throughout the duration of your case. The following are answers to commonly asked questions regarding workers' compensation, and it is important that you seek representation if you have further questions:

Q: Can I file a claim?
Q: How should I notify my employer?
Q: What if I miss the deadline?
Q: How much will I get paid?
Q: How long will I receive payments?
Q: What benefits are available to me?
Q: Can I be fired for filing a workers' compensation claim?
Q: Am I eligible if I was responsible for my work-related injury?
Q: Are employees at small companies eligible?
Q: What if a third party caused my accident?
Q: Can I bring a claim against my employer for negligence?
Q: What is MMI?
Q: What is an FCE?
Q: What is mediation?
Q: What is a deposition?
Q: How much will it cost me to hire an attorney?

Can I file a claim?
If your injury occurred while you were acting in the line and scope of your employment, then you can file a claim for workers’ compensation benefits under the Alabama Workers’ Compensation Act.

How should I notify my employer?
You should try and notify your immediate supervisor, or a member of Human Resources as soon as you can. You need to provide notice within 5 days of the date of your injury. If you suffer from occupational disease or illness, such as carpal tunnel syndrome, you are required to notify your employer within 5 days of discovering your illness or condition. If you haven’t provided notice within 5 days, all is not lost, but it gets more complicated. You should contact an attorney to discuss your options.

What if I miss the deadline?
If you were incapacitated, or otherwise unable to provide notice of your injury, your five-day time typically begins to run when you were reasonably expected to be able to provide notice. If you have missed your five day time period, you should contact an Alabama attorney to discuss your options

How much will I get paid?
The amount of compensation you recover will depend on the nature and extent of your injury, and any negative impact it has had on your ability to earn an income. If your treating physician orders you to refrain from work for longer than three days, you are entitled to 66.66% of your average weekly wage.

How long will I receive payments?
Typically you will receive payments for the duration of time your treating physician has taken you out of work.

What benefits are available to me?
Under the Alabama Workers’ Compensation Act, injured workers are entitled to compensation for your injury and the detrimental impact it has on your ability to earn an income in the future. You are also entitled to medical benefits for reasonable and medically necessary treatment for your work related injury. Your medical benefits are available to you for as long as you require treatment. Your medical benefits do not expire. Finally, vocational training is available for some injured workers.

Can I be fired for filing a workers’ compensation claim?
Technically, no. If you are fired for filing a claim for benefits under the Alabama Workers’ Compensation Act, you would have a viable claim for retaliation. However, Alabama is an at-will employment state, which means you can typically be fired for a good reason, a bad reason, or no reason at all. It just should not be because you filed a claim for workers’ compensation benefits. If you feel you have been fired for filing a claim for benefits, you should contact an attorney to discuss your options.

Am I eligible if I was responsible for my work-related injury?
Yes. The Alabama Workers’ Compensation Act is a no fault program. The main requirement is that you were acting in the line and scope of your work-related activities. If you have substantially deviated from your work related activities, or if you were impaired by illegal drugs or alcohol, you may not be eligible. If you employer has denied your claim for such a reason, you should contact an attorney to discuss your options..

Are employees at small companies eligible?
If your employer employs five or more people, your are typically entitled to workers’ compensation benefits. If you employer employs less than five people, there are still some circumstances wherein you might be entitled to benefits. However, there are some employment relationships that are excluded from the Alabama Workers’ Compensation Act. If you have been denied benefits, you should contact an attorney to discuss your options..

What if a third party caused my accident?
In some circumstances you may be entitled to benefits under the Alabama Workers’ Compensation Act, and have a viable claim for negligence against a third party. A typical example is if you are involved in a car wreck while working as a courier or delivery driver, or if an injured worker slips and falls on a slippery substance left on the floor by a catering company, or other outside business.

Can I bring a claim against my employer for negligence?
Generally, you cannot. Typically your sole mechanism for relief is to pursue a claim for workers’ compensation benefits. However, there are limited circumstances where you can pursue a claim for liability against co-employees. If your injury was caused by the willful removal of a safety device, or the intention actions of a co-employee (like a punch to the nose) you may be entitled to additional claims for relief. If you feel your injury meets the aforementioned requirements, you should contact an attorney to discuss your options.

What is MMI?
MMI stands for Maximum Medical Improvement, meaning that your treating physician feels that your medical improvement has gotten as good as it’s going to get. It doesn’t mean you are healed, but that your improvement has reached a plateau.

What is an FCE?
FCE stands for Functional Capacity Evaluation, which is a common test to evaluation your physical abilities and capacity. You can expect to be evaluated for lifting and bending capacity, and the extent to which your injury impairs your ability to perform certain job-related physical functions.

What is Mediation?
Mediation is a formal settlement meeting that is conducted by someone known as a mediator, who is a neutral third party that tries to facilitate a settlement agreement between the parties.

What is a deposition?
A deposition is typically conducted in a law office where the attorney for the employer gets to ask questions of the injured worker regarding the nature and extent of your injuries. It is sworn testimony and can be used in trial. Your lawyer should definitely be with you when a deposition is conducted.

How much will it cost me to hire an attorney?
I operate on contingency fees when handling workers’ compensation claims. You do not have to pay anything out-of-pocket upfront. I pay the majority of your case expenses for you, on the condition that you pay me back out of any proceeds that I recover. Additionally, I charge a fee of 15% from the proceeds recovered.

Injured in an accident?

If you have suffered an injury, then there are various steps that you must follow in order to pursue the damages that you need for your future. It is also highly advisable that you obtain legal advice and representation in your situation. I offer a free case evaluation so that you may obtain legal advice and information in your case before making any financial commitment to my firm. Seek my representation in your case today!

  • Dedicated to
    Personal Service

    At my firm, you will work directly with me the entire duration of your case.

    One-on-One Attention
  • Commitment to
    Excellence

    I strive to provide the best possible representation to each one of my clients.

    Meet Stephen F. Thompson
  • Free Initial
    Consultation

    You have nothing to lose. Contact my firm today and learn how we can help you.

    Get Started Now

Contact Us

Stephen F. Thompson, Jr., Attorney at Law
Birmingham Attorney
Located at: 205 20th St. N.,
Suite 319,

Birmingham, AL 35203
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Phone: (205) 386-3356
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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.