Articles Tagged with benefits

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Blackwell Law Firm - Alabama Work Comp AttorneysFringe benefits. They are often ignored in workers’ comp claims. Yet, they should not be.

Employee benefits may be an important part of your compensation. Consider health insurance. It’s not the only fringe benefit offered by some employers but it is probably the most important (and costly) one. Health insurance premiums are high. Very high. Some people stay at jobs just for the health insurance. Many people would be uninsured if not for employer-based plans.

How can fringe benefits impact a work-related injury or workers’ compensation claim? Fringe benefits can impact an Alabama work-related injury in two significant ways.

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Workplace Accident & InjuryRecently, someone asked us the following question:

If you get attacked while working, does workers comp pay?

That’s a good question. It is within our law firm’s area of personal injury. And, we have actually handled past work comp cases involving this issue. What’s the answer? The answer is a qualified yes. C’mon, you know tough legal issues rarely have absolute answers. The answer is, yes, an attack CAN be a work comp case. But, the details are very important.

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Huntsville Accident & Injury Lawyers at Blackwell Law FirmA recent news article tells the story of a severely injured worker in Florida. It’s an all too familiar story. It’s a common story we frequently see in cases across Alabama.

What happened? A sudden workplace explosion! An employee badly injured and badly burned. Days and nights in the hospital followed.

Life after the hospital is often difficult for injured workers seeking treatment. The worker and his or her family are often left trying to navigate a maze of doctors, case nurses and insurance adjusters. For many injured workers the process is beyond frustrating.

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Alabama Work Comp Claims: Blackwell Law FirmHurt on the job in Alabama? Our workers’ compensation laws provide valuable medical and disability benefits. You may need those benefits. You may not realize the importance of those benefits at the time of the accident. Many of our clients in both workers’ compensation claims and car accidents do NOT realize the extent of their injuries at the beginning.

Our workers’ compensation laws require injured workers to provide prompt notice of an accident. If you do not, then you cannot later recover workers’ compensation benefits. Notice seems simple. Yet, it is a frequent issue in many cases.

Alabama’s Workers’ Compensation Act talks in terms of “written” notice. Yet, our courts allow claims where notice is only oral and not provided in writing. I could give you a long legal lecture on how and why these notice requirements developed. That’s a different discussion for another day. I will say this — Alabama provides a standard accident notice for employers. You can find a copy HERE. If you suffer an accident and injury, make sure it is completed.

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In 2015, I wrote a post about the lobbyist push to enact “opt out” systems for workers’ compensation benefits. You can read more about workers’ compensation opt out systems in that post here.

Opt out systems are terrible for injured workers. In my prior post I explained several ways in which large employers would opt out of workers’ compensation benefits and write their own plans to exclude valid work-related injuries. Opt out systems allow large companies to treat workers as expendable commodities. Our families and neighbors deserve better.

The State of Texas has long had an opt out work comp system. I could write, at length, about unjust treatment of injured workers under that system. That’s where the lobbyist push began and spread to other states. Corporate lobbyists began to push similar proposals in other state legislatures. This led to the State of Oklahoma also enacting an opt out system. While not yet proposed in Alabama, similar proposals were attempted in nearby states, including Tennessee.

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Blackwell Law Firm: Helping Injured Alabama WorkersOur current workers’ compensation system is unfair and provides inadequate benefits to injured workers. Yet, it’s much better than the newest proposal pushed by corporate lobbyists – an opt out system.

Workers’ compensation protections are under constant threat from corporate lobbyists. In Alabama, lobbyists have regularly pushed legislative proposals to cut-off medical and disability benefits after arbitrary periods of time. And, insurance interests have worked overtime to prevent the legislature from raising a cap placed on partial disability benefits decades ago.

One new threat is the “opt out” system enacted in Texas and Oklahoma. In that system, large companies can basically opt out of a state workers’ compensation system and write their own plans. In other words, employers can write their own rules. In practice, opt out systems allow arbitrary plans that do not value injured workers.