Workers’ Compensation is the State or Federally mandated insurance program that requires most employers to be able to provide an individual who is injured on the job with their wages and payment for any necessary medical care. What this means is that if you are an employee of a company that is subject to a workers’ compensation statute and you are injured on the job, your employer will be required to provide 2/3rd’s of average weekly your wages during the period when you are unable to work and to pay for any associated medical bills.
What is important to know is that “What is workers compensation” is really a question of “What workers’ compensation statute applies to me.” This is because the benefits owed to you through workers’ comp depends on the applicable law. As an attorney practicing in Alabama and within federal jurisdiction nationwide under the Longshore Act I limit the discussion here to those.
Workers’ Compensation under the Alabama Workers’ Compensation Act and Federally under the Longshore Act have many similarities.
-Both provide wages while the injured worker is unable to work and recovering.
-Both Act’s provide medical care and pay for any necessary medical treatment.
Where they differ is the details. The how, the when and how much indemnity or medical benefits are provided. This is why it is important, if not simply a good idea, to speak to an attorney as soon as possible after an on the job injury. It is of great importance that you know what body of law your workers’ compensation claim is being handled under and whether it is right. -Trust me, the insurance company is going to choose the cheapest option, and it isn’t to your benefit.- A short example of difference between Alabama Law and Longshore is getting medical treatment. Under the Alabama Workers’ Compensation Act the employer gets to choose the medical provider. That’s right, after an on the job injury the employer gets to say what doctor you are seen by. (exceptions apply) But, under the Longshore Act YOU, the injured worker, (often called the claimant in those cases.) , gets to choose their own physician for which the employer must then pay for.
Talking to an attorney after an on the job injury isn’t just about immediately filing suit, many workers’ compensation claims are resolved without filing one, it is about knowing your rights and what benefits are owed to you. Whether you are looking for an attorney to represent you under Alabama Law or a Longshore Attorney nationwide we can help, give us a call. (251) 479-0700
nothing provided here is legal advice or should be construed as legal advice. One should seek legal counsel for guidance or for any questions they have.