by Bernard D. Nomberg, Partner, The Nomberg Law Firm
While using a bullhorn to provide notice of an on the job accident is typically not necessary, it is better to be safe than sorry as giving notice is the first step in filing a claim for workers’ compensation benefits in Alabama.
If you have been injured at work, you need to file a claim for worker’s compensation benefits. To start this process, you must inform your supervisor or employer as soon as possible that you have been hurt while working. This is called notice. After giving notice, you should ask for medical treatment and ask to see the workers’ compensation doctor.
Alabama law requires you to notify an employer within five (5) days of the occurrence of the accident. Oral notice is sufficient. Alabama law also permits written notice, which must be done within ninety (90) days of the accident. We recommend giving notice immediately after an on the job accident.
There is an exception to this rule for physical or mental incapacity which makes it impossible to give notice to the employer. If putting notice in writing, it is important that you include how the accident happened, a description of the injury and any witnesses who may have witnessed the accident.
After you give notice of the accident to your supervisor or employer, your employer should submit this information to its workers’ compensation carrier. The workers’ compensation carrier will then process your claim. Here the workers’ compensation carrier and your employer will either approve or deny your claim. You should always be prepared for the claim being denied. If your claim is denied, you should immediately contact an experienced workers’ compensation attorney to discuss your rights.
Your employer or its workers’ compensation carrier will designate your initial treating physician. Workers’ compensation will pay for your authorized medical care including treatment, prescriptions, physical therapy and mileage to the doctor, pharmacist and physical therapist. If the authorized treating physician takes you off work for more than three days, you will be paid temporary total disability benefits, which is equal to two-thirds of your average weekly wage.
If you have been involved in an on the job accident, you need to notify your employer as soon as possible after the accident occurs and request to see the workers’ compensation doctor. If you have a serious injury or your claim is denied, immediately contact an attorney to discuss your rights. If your claim is denied or if medical benefits are not approved, an attorney can assist you in filing your claim in court to pursue those benefits.
If you have any questions about filing your workers’ compensation claim or if your claim has been denied, 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.