Huntsville Workers’ Comp Lawyer

Workers’ compensation coverage is often something we rarely think about after filling out our employment paperwork at a new job. But if you suffer an injury on or related to your job, your workers’ comp insurance can be the difference between keeping your family’s needs on track or sliding off the rails financially—if you can succeed in getting your claim approved.

If you’re reading this, you’ve probably been injured on the job. You’ve probably missed work, upending your budget. You might be dealing with pain. You’re probably worried about paying your bills. You are most likely looking for the right person to help you with a workers’ compensation claim.

We are here to help you. Our attorney offers free legal consultations. Call our Huntsville workers’ comp lawyer today.

Don’t put off your call for fear you’ll need cash up-front to pay for answers. Reach out as soon as you can and schedule your free legal consultation.

What You Need to Know About Workers’ Comp

Workers’ comp, also called workers’ compensation insurance, is a program required by the state to help employees who have suffered an accidental injury, occupational exposure, or an illness while working.

The workers’ comp system is designed to provide lost wage benefits while the injured workers is recovering and unable to work, permanent disability compensation, as well as lifetime medical benefits.

What Is and Is Not Workers’ Comp?

Workers’ comp coverage does not require a work-related injury to have occurred on an employer’s premises. Injuries may have happened during business travel, at a conference or trade show, or while working at a location other than the employer’s premises.

Workers’ Comp Covers:

• Medical treatment for the work-related illness or injury
• Income replacement while an employee is out of work due to the injury
• Compensation for injuries that are permanent
• Survivor benefits when a worker is killed at work or in an activity related to work
• Vocational benefits such as retraining

Workers Comp Does Not Cover:

• Injuries sustained as the result of the use of illegal drugs or while intoxicated
• Injuries from a worker who instigates a fight
• Injuries resulting from an act of God
• Contracting an ordinary disease of life
• Common illnesses considered one-time or individual occurrences, such as a headache or the flu
• Injures caused by “horseplay” by an employee
• Emotional trauma which does not involve a physical injury or an illness
• Injuries sustained during a willful attempt to hurt oneself or another person

Things You Need to Know to Make a Successful Claim

The process of making a successful workers’ comp claim is complicated. Every state has its own laws regulating workers’ compensation, which can differ from state to state. In Alabama the workers’ compensation laws provide certain benefits – wage loss, permanent disability for serious injuries, death benefits to dependents, and medical benefits – while shielding the employer from tort damages such as pain and suffering or punitive damages.

Our Huntsville workers’ comp lawyer can give you guidance about your specific situation and the options you should consider before moving forward. Read on to learn what you can do to help ensure the success of your claim.

Give Notice and Go to the Doctor

You must immediately report your accident and get treatment for your injury or illness. And if you tell your employer verbally, follow up in writing to make sure you’ve got a dated record on file.

Once the process has begun, you’re likely to find yourself in a “blizzard” of paperwork. Get copies of all forms and communications going back and forth, and keep your copies until your claim is completed so you can hand it off to an attorney if the claim is denied.

The employer controls the choice of physician and will likely send you to an occupational health doctor. If they refuse or if the occupational health doctor is unwilling to help, you’ll need an attorney to help fight for the property medical treatment. Attorney Maples knows how the system works and he can help you.

You will have one chance to replace the workers’ comp selected doctor with another doctor through the panel of four process. Let us help you with that as we practice in Alabama and have experience with many clients treating with the specialists who typically treat work injuries and illnesses in Alabama.

Don’t Underestimate the Importance of Following Your Treatment Plan

It is important to be honest about your limitations and capabilities regarding your injury. Report all of your symptoms and try to be thorough without exaggerating or overstating. It is also important to be complaint and cooperative with the treatment plan recommended by the treating physician.

Take the medications as prescribed and go to all of your physical therapy appointments, even if you doubt these things are making a difference. Every item in your treatment plan is one more point that will support or weaken your claim, depending on whether you adhere to it.

Being diligent about your treatment plan will prevent your workers’ comp claim adjuster from successfully accusing you of not being injured because you appear to be capable of more than you say. It will also prevent them from accusing you of not doing enough to support your own recovery.

Consult an Experienced Workers’ Comp Lawyer

Too often, people make the mistake of failing to hire a workers’ comp lawyer. They may believe coverage is guaranteed because they were injured at work and they trust the company to take care of them. They may assume that since proof of negligence is not required when you file a workers’ comp claim, approval will be automatic.

Unfortunately, this is far from true. No matter what type of injury is involved in your claim, expect the insurance company to scrutinize it for ways it can be denied.

Some reasons claims get denied are:

• The company says they’re not at fault or your injury is not work-related
• Your claim was filed late
• The company says you’re faking your injury
• The insurance company says your injury is a pre-existing condition
• The company says you are a contract worker, not an employee

Often the reasons or manufactured or legally insufficient to deny the claim. If you think your claim should have been approved or you’re not sure but have questions, call our Huntsville workers’ comp lawyer today for a free legal consultation. Attorney Maples has successfully helped numerous people who have had their claims wrongfully denied and he can help you.

Old Bills, New Bills, and No Income

Without an attorney working on your behalf, you run the risk of getting stuck with the expense of medical treatment and ongoing rehabilitation when you may have no income for weeks, months, or even years.

In addition to the medical expenses, you’ll need to cover your regular bills. And in case this situation isn’t unfair enough, if your claim is denied but you can’t work, you’ll have no compensation coming in to try and make ends meet. Your employer may even try and terminate you for not being able to work.

The worker’s comp laws in Alabama are convoluted and will dictate what you can and cannot do. Speaking to an attorney to learn the pros and cons of each route will ensure you make the best decision for you.

Call Attorney Jacob Maples as soon as you can for guidance about your workers’ comp claim in a free legal consultation.

Alabama Workers’ Compensation Client Story

We are sharing the client story below to help illustrate the complexities of workers’ comp that you may face when making your own claim. The names and details have been edited to protect the privacy of our client, but the informational value remains. Please read it to the end. When you’re through, please give us a call to discuss your claim. The consultation is free.

On a breezy Monday in September, Camila and Reynaldo Rubio sat down with Huntsville workers’ compensation attorney Jacob Maples seeking help with Camila’s workers’ comp claim. As the couple sat down, they smiled, radiating kindness, but Camila’s warm brown eyes were weary with pain.

“Thank you for seeing us so quickly,” Reynaldo said as he took his wife’s hand as naturally as if she were a part of him.

Camila shared that they’d been married for over 20 years, having dated briefly in high school and reuniting in their 20s after Camila returned to Huntsville after leaving the area to go to college in Florida.

Rey looked lovingly at his wife and added, “She’s always been the one.” Camilla blushed as she squeezed his hand. The couple had one daughter, Isabella, who was attending the University of Alabama in Huntsville on scholarship.

“She wants to work for NASA,” Camila said as they both beamed with pride.

Just north of 50-years-old, Camila said she had no intention of retiring any time soon. She enjoyed her job at a local furniture store, where she’d been working in sales for almost a decade. Her husband worked at a business within walking distance of the store, and they were often able to meet and sit together as they ate their brown bag lunches. Though not fancy, it was a meaningful time they looked forward to every day. They felt secure in their incomes and content in their jobs.

That is, until the day Camila hurt her back.

How much does it cost to hire a lawyer?

“But I’m getting ahead of myself,” Camila said, pausing. “Before I tell you what happened, I need to know how much you charge. I’ve been out of work for over three months now, and we’re struggling on Rey’s paycheck alone.”

“I completely understand. Your situation is unfair and it’s not your fault,” said Attorney Maples. “The good news is, we work on a contingency-fee basis. This means we cover all case expenses from start to finish. In the end, you only pay us if I successfully resolve your claim.”

Camila and Rey looked at each other in surprise. Rey nodded to his wife and smiled. She began to explain the events that led them to their consultation.

“I filed my claim because I injured my back at work one day. I went to the company doctor just like they told me to and was sure they were going to approve the claim. The doctor agreed my injury was from one isolated incident.

“I do have some history of difficulty in my back, but it’s up at the base of my neck. But that was years ago, and my last follow up MRI showed no swelling or issue in the lower spine where my herniated disc is. My lower lumbar was fine.

“On the day I hurt my back, the warehouse crew had put together a living room set on the sales floor and left for lunch before clearing away the packaging and boxes. I had asked the assemblers to make sure they cleared the packaging away before leaving for lunch, but when they left, I was on a customer call and unable to check the floor to confirm it was clear.

“When I ended the call, I crossed the showroom floor to find empty cardboard boxes and plastic wrap where they’d dropped them. Concerned a customer would trip, I squatted down and put the smaller empty boxes and the paper and plastic wrapping into the largest box to clear the walkway. None of it was heavy, but when I stood up, I felt a bad pain in my back. Really, really bad.” Remembering, she squeezed her husband’s hand.

Rey picked up the story. “When she did not arrive for our lunch date, I walked to the store looking for her. I found her on her knees beside a large cardboard box, tears of pain running down her cheeks. She’d been afraid to move and had no way to reach her cell phone on the sales counter. She’d been waiting for staff to return and help her for 20 minutes.”

Camila had been taken to the hospital where she was diagnosed with a herniated disc. She then went to the doctor the workers’ comp company directed her to, who confirmed it was a one-time injury unrelated to the pre-existing issues at the base of her neck. She’d submitted the paperwork for workers’ comp and as far as she knew, the claim had been accepted.

“What happened?” Attorney Maples asked, leaning in.

“So, I get this letter, which I assume is the confirmation letter that my claim has been approved, only it says that because I have a pre-existing condition, my claim is being sent to an ‘independent medical reviewer,’” she said, making air quotes with her fingers, the frustration vibrating off her body like heat. “I assume he looked at my medical records, but he never examined me or spoke to my neurologist.

“So, I went from being unable to work but believing the company was going to take care of me to suddenly being denied after this independent person decided my injury was the result of a ‘pre-existing condition that flared up due to aging!’ I’m an active, healthy person.

“Anyway, I couldn’t believe it. My neurologist was stunned. She said, ‘No, Camila, this has nothing to do with your neck, and that’s not aggravated anyway. You’ve been fine for a long time.’ She wrote a letter to the workers’ compensation people saying so.

“So, we’re already struggling along on Rey’s salary for three months, and now our claim has been denied, and I don’t know what we’ll do. I’d been putting one foot in front of the other, thinking, ‘We’re almost there. The compensation will begin. We’ll be okay.’ But now… I’m so worried Bella is going to quit school to take a full-time job to help. I told her, ‘You can help us by getting your degree!’”

Tears slid down Camila’s cheeks. Attorney Maples passed the tissues, and Rey set to work gently wiping her face.

“Unfortunately, we’ve seen this time and time again,” said Attorney Maples. “Insurance companies often assume injured workers won’t fight a denial. Sadly, they are all too often correct. I’m so glad you are here and I want to fight for you.”

“There are often long delays that can result in permanent impairment because the insurance company requests a second opinion from one of these independent medical reviewers,” Attorney Maples said, frustrated himself.

“Insurers have gotten increasingly aggressive in digging for any prior injuries they can blame in these cases in their efforts to lower payouts. It’s not right and I’m on a mission to help as many people as possible succeed in getting the compensation they deserve.”

How can a lawyer help me with a denied claim?

“Do you think you can help us?” Rey asked, when his wife had calmed.

“I think we’ve got a solid shot at turning this around,” Attorney Maples said. “Starting with contacting the insurer and your employer to confirm the cause of your claim denial. Our firm will investigate and dig into Camila’s claim, including a thorough review of the medical records and we will build the case that this is a covered claim.

“Next, we’ll submit our written position to the insurance company and demand they accept the claim. If they refuse, we will quickly file a lawsuit and get a hearing on an expedited basis. We have the knowledge and experience to help you and your family with this situation.”

Camila and Reynaldo were satisfied with what they learned during their free legal consultation. They retained Attorney Maples, and Camilla won her case. She received compensation that went back to the date of her accident, covering medical expenses and lost wages to present, as well as future lost wages.

Call Our Huntsville Workers’ Compensation Lawyer Today

We hope the information above has helped you better understand the elements involved in your claim. If you’ve been injured at work, reach out to learn how our Huntsville workers’ comp lawyer can help you get the compensation you deserve. Attorney Jacob Maples has the experience to investigate and support your workers’ comp claim for your best chance of success.