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Articles Tagged with compensation

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AccidentYou suffered an injury at work and have an Alabama workers’ compensation claim. Is that your only claim? Did someone (other than your employer) negligently cause the injury? If so, you might have both a workers’ compensation claim against your employer and a personal injury claim against the negligent third-party. It’s an important issue. Why? Although workers’ compensation provides important benefits, those benefits are limited. Workers’ compensation benefits do not cover all your potential damages. Although third-party cases allow you to claim all your damages, they may be completely disputed. These are important issues to many of my injured clients. They are issues I’ve discussed on my law firm website. And, they are issues we often handle to help our injured clients.

A recent legal article in Illinois discusses a case in that state. What happened? In that case, an electrician was installing lighting on an apartment balcony. Suddenly, the balcony railing failed. The electrician fell to his death. Afterwards, an investigation revealed a different company (NOT the electrician’s employer) had negligently installed the railing. The electrician’s family had a claim for death benefits under workers’ compensation laws in Illinois. The family also had a third-party negligence claim for wrongful death against the separate company that installed the railing.

Over the years, I’ve prepared numerous workers’ compensation and third-party negligence claims. Transportation injuries. Car accidents. Construction-related accidents. Industrial site incidents. These are frequently areas where a third-party (someone other than your employer) may have caused your on-the-job injury. Because these claims involve two areas of the law, they can be complex. They can require special skill to maximize your total recovery between the claims. After handling these claims for years, I would offer three key pieces of advice:

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Alabama Workers Compensation AttorneysFor a few workers’ compensation insurance carriers, the pattern is simple. Deny most claims. Assert some general reason such as a “preexisting” condition. Maybe you’ve heard this denial. These bad insurance carriers figure it’s an easy denial. After all, who was “perfectly” healthy prior to an accident.

I’ve seen the denial letters claiming a “preexisting” condition. It’s like the insurance company has a form letter and process. Just a few simple assembly line steps and your claim is denied:  Insert the injured person’s name and address. Hit print. Mail the denial letter. Move to the next claim!

While a few carriers seem to use a quick form denial for these claims, a few others play a different game. These carriers simply ignore the claim indefinitely asserting it is under “investigation.” In some cases, the insurance carrier makes more and more requests to continue its “investigation” while refusing to provide benefits. Whether denied or under an endless investigation, the result is the same. The injured person sits without the medical care needed to recover and return to work.

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