by Bernard D. Nomberg, Partner, The Nomberg Law Firm

Yes, we recommend injured workers contact an experienced workers’ compensation attorney to discuss their rights. First, the injured worker should notify their supervisor and employer about the on the job accident and request workers’ compensation benefits. We then recommend contacting an experienced workers’ compensation attorney. The employer and its workers’ compensation carrier do not represent workers and do not give legal advice that protects the worker.

An on the job accident can create a lot of stress for an injured worker. An injury causes pain so the injured worker is dealing with being in pain while trying to get better. Being out on workers’ compensation means losing a paycheck or possible job loss. We understand a workers’ compensation claim can be a stressful time in a person’s life. As attorneys who represent injured workers, we work to ease this stress and guide you through the workers’ compensation claim.

Claims that should be accepted are routinely denied because a denied claim saves the insurance company money or at least allows the insurance company to hold on to its money. Furthermore, when you are injured at work and the claim is not a simple one, you want to make sure that you have someone on your side fighting for you. Claims adjusters and employers do not represent or work for you and do not put your best interests first. You need someone that will be looking out for your interests and your interests alone.

In most instances, claims adjusters have experience in handling claims and know more about the workers’ compensation laws than you, the injured worker does. The injured worker does not know his rights under Alabama law and cannot rely on what the adjuster says. Workers’ compensation attorneys evaluate these types of claims every day, and are proficient in making sure that you receive the compensation that you deserve. Even when a claims adjuster tells you that they will be “fair,” make sure that you have someone working for you that can determine what is fair to you.

Naturally, hard workers look at these situations and want to do whatever it takes to get back to work. In these situations, sometimes the workers will take an offer from a claims adjuster or work with a doctor to make sure they miss as little time as possible and don’t look bad in the company’s eyes. You should not feel as if you cannot take time off of work to properly heal from an injury sustained at work. If you feel pressure from the company, either through the insurance adjustor or through their approved doctor, to return to work too soon, you should consult an attorney about your rights.

Explain the situation to the attorney, so that they may determine if you need representation in the matter. This consultation is the very least you should do to make sure you understand your rights. While there are many times in which you do not need an attorney with a worker’s compensation claim, it is always a good idea to do some research into what your rights are. Speaking to an experienced attorney in the area of workers’ compensation is an easy way to learn exactly where you stand with your claim and with what you should generally expect in terms of benefits for your personal injury.

If you have any questions about whether or not you should have an attorney working on your workers’ compensation claim, please call the attorneys at the Nomberg Law Firm (205) 930-6900 or contact us here.

Bernard D. Nomberg has practiced workers’ compensation law in Alabama for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating.  He has been selected a Super Lawyer by Super Lawyers Magazine as well as a Top Rated Attorney by B-Metro Magazine. 

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Steve Altmann has been assisting consumers and business owners with bankruptcy matters for more than 27 years. 

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