Birmingham Workers Compensation Attorney Near You

If you sustain an injury while performing tasks related to your job, you may be entitled to financial compensation through one or more recovery options. The most common solution is a workers’ compensation claim. Although this is a relatively straightforward no-fault system in Alabama, an insurance company may make it more difficult than it has to be for an employee to recover.

You may need an attorney to assist you with the claims process. At Drake Injury Lawyers, our experienced Birmingham workers’ compensation lawyers have what it takes to guide you through a case and get your life back on track after a workplace accident.

If you have been injured in an on-the-job accident in Birmingham, call our workers’ compensation attorneys at Drake Injury Lawyers at (205) 970-0800 or contact us about your case.

What Is Workers’ Compensation?

When you are injured on the job, in most cases, you will turn to your company’s workers’ compensation carrier to cover your medical bills, lost earnings, and rehabilitation. Workers’ comp allows you to get these benefits without the necessity of a lawsuit, and at the same time protects the employer from litigation. The advantage is that it is a no-fault system, so all you have to show to qualify for benefits is that you are suffering a job-related injury or disease.

Nevertheless, workers’ compensation has its limitations, most notably that it does not compensate you for pain and suffering and that punitive damages are not available, regardless of how blatantly egregious your employer’s behavior may be. With workers’ comp, your employer is normally only liable for paying for related medical treatment and two-thirds of your weekly wage during the period you are unable to work.

How a Birmingham Workers’ Compensation Lawyer Can Help

If you’ve suffered an injury on the job, an Alabama workers’ compensation lawyer can help prepare your paperwork properly and guide you through the workers’ compensation system to ensure that you get the maximum benefits you’re entitled to and overcome any obstacles you may encounter along the way.

Sometimes, it is difficult to prove that your injury is job-related, especially if it is not the result of a single incident but a cumulative injury that has developed over the course of years on the job. The right workplace accident attorney can help you prove the cause and extent of your injuries using tools such as your medical records, a letter from your doctor, and testimony from a medical expert.

A workers’ compensation lawyer can be especially helpful in getting you the vocational rehabilitation services you need for an occupation that suits your interests when your disabilities keep you from returning to your regular job, or if your doctor wants to try a cutting-edge procedure that the insurance company is trying to deny as “non-standard.” A Birmingham workers’ compensation attorney can help you overcome these challenges and pursue full financial compensation for your work-related injury or illness.

What To Do After a Workplace Accident in Birmingham, AL

To preserve your right to a workers’ compensation claim, if you are hurt on the job, you must report it to your employer. Alabama law states that you must report your work injury within five days. Your employer will give you the name of a doctor or a list of acceptable physicians. You must choose an approved care provider and make an appointment immediately. Make certain the doctor knows that the injury occurred at work. Contact a Birmingham workplace accident lawyer who can help you with your case if you have been injured at work.

To start your workers’ comp claim, you will have to complete some rather complicated paperwork (your lawyer can help with this). Your employer can provide these documents and submit them to the Alabama Division of Workers’ Compensation for you by the deadline. You will need to provide a copy of your medical records or an authorization for them to document your claim.

Don’t be surprised if there are delays or denials. As with any kind of insurance, the carrier makes money by taking in as much as possible in premiums while paying out as little as possible in claims. A skilled Birmingham workers’ compensation lawyer can facilitate the process and help you overcome any obstacles the insurance company or your employer may try to throw in your path.

Common Workplace Injuries and Illnesses

A serious workplace accident can injure a worker in many different ways. Some employees never fully recover from the injuries that they suffer at work. Common work injuries that our workplace accident lawyers see at Drake Injury Lawyers from our clients are:

• Broken bones
• Muscle and soft-tissue injuries
• Back injuries
• Spinal cord injuries and paralysis
• Head and brain injuries
• Eye and ear injuries
• Burns
• Cuts and lacerations
• Electrocutions
• Losses of limb
• Permanent disability or disfigurement
• Wrongful death
• Asbestos-related diseases
• Cancers
• Respiratory illnesses
• COVID-19

No matter what type of injury or illness you were diagnosed with in connection to your occupation, consult with our attorneys to find out if you have grounds for an insurance claim or personal injury lawsuit. Someone may be financially responsible for your injury.

We Understand the Alabama Workers’ Compensation Act

Navigating the Alabama Workers’ Compensation Act requires more than just a general understanding of injury law; it requires a deep dive into Code of Alabama § 25-5-1. At Drake Injury Lawyers, we specialize in helping Birmingham’s workforce-from manufacturing teams near the Birmingham-Shannonsley Industrial District and the historic Sloss Furnaces to healthcare professionals at UAB Hospital-secure their rightful benefits.

Whether you are facing a claim denial or need assistance reaching Maximum Medical Improvement (MMI), our team ensures your Average Weekly Wage (AWW) is calculated accurately. We audit your 52-week wage history to include bonuses, overtime, and fringe benefits so your family isn’t left behind by insurance company math.

The “Retaliatory Discharge” Shield

A common concern for workers in Jefferson County is the fear of being fired for filing a claim. Under Alabama Code § 25-5-11.1, it is illegal for an employer to terminate you solely because you pursued workers’ comp benefits.

At Drake Injury Lawyers, we provide a protective shield for our clients, handling all communications with the Alabama Department of Labor (ADOL) and insurance adjusters. We focus on the legal hurdles-from filing your Form WCC-2 (First Report of Injury) to contesting the “Exclusive Remedy” rule-so you can focus on recovery. Our goal is to ensure you receive the Permanent Partial Disability (PPD), Temporary Total Disability (TTD), or Vocational Rehabilitation you’ve earned through your hard work.

Two Paths to Recovery – Comprehensive Birmingham Work Injury Litigation

Unlike “mill” law firms, we analyze every workplace incident for Third-Party Liability. While Workers’ Comp is a no-fault system, it often fails to cover the true cost of a catastrophic injury.

I. The Workers’ Compensation System (No-Fault)

If you were injured while performing job-related tasks-whether at a construction site, warehouse, or office-you are entitled to:

• Lifetime Medical Benefits: “Open-meds” coverage for all reasonable and necessary treatment related to your injury.
• Wage Replacement: Generally two-thirds of your AWW, subject to Alabama’s state maximums.
• Death Benefits: Support for the dependents of those lost in fatal workplace accidents, including burial expenses up to $3,000.

II. Third-Party Lawsuits (Proving Negligence)

If your accident was caused by someone other than your employer or a direct co-worker, we can pursue a personal injury lawsuit for damages that workers’ comp doesn’t provide, such as pain and suffering, mental anguish, and loss of consortium. Common third-party entities include:

• Negligent Drivers: For those injured while driving for work on I-65 or US-280.
• Defective Equipment Manufacturers: Machine entanglements or safety guard failures.
• Subcontractors: On multi-employer construction sites near the BJCC or downtown developments.

What Compensation Is Available For a Workers’ Comp Claim in Alabama?

Workers’ comp provides benefits for a variety of losses and expenses associated with a workplace injury or illness, without requiring proof of fault. Although the benefits available are not as much as with a personal injury claim, they can still significantly help a worker who is dealing with expensive medical bills and lost wages. Depending on your injury or illness, you may potentially qualify for the following categories of workers’ comp benefits.

Disability Benefits

If you’ve lost a significant amount of time at work as a result of your injury or illness, you may be able to receive disability benefits to cover lost earnings, typically at two-thirds of your normal pay. The insurance carrier will examine your disability claim and make one of these four possible determinations:

• Temporary partial disability
• Permanent partial disability
• Temporary total disability
• Permanent total disability

The type of disability pay you could receive depends on the nature, extent and prognosis of your injury. Workers’ comp for lost wages is subject to the state’s maximum and minimum amounts, which change annually. As of 2021, the maximum amount payable is $983 per week and the minimum is $270 per week.

Rehabilitation Benefits

When necessary, workers’ compensation covers physical and/or occupational therapy. In the event your disability makes it impossible for you to return to your regular job, workers’ comp must provide vocational rehabilitation to train you for a different kind of occupation that you can do with your injury-related limitations. A vocational rehabilitation counselor will be assigned to determine what kind of work this should be. It may be necessary to involve your workers’ compensation attorney in Birmingham to get you trained for a job you want.

Death Benefits for Survivors

The spouse and minor children of a worker killed on the job are entitled to death benefits based on the deceased person’s wages at the time of death. The law states that if the decedent left behind one dependent, the dependent will receive 50 percent of the decedent’s average weekly earnings. If there are two or more dependents, they will receive 66 percent of the decedent’s average weekly earnings. Surviving family members can also receive compensation to pay for funeral and burial expenses. Working with our Birmingham wrongful death lawyers, they can provide you with more information and help you receive compensation.

Medical Expenses

If you are injured on the job and covered by Alabama’s Workman’s Compensation Act, your employer or their insurance carrier must pay all accident-related medical expenses for the rest of your life. This is frequently called “open-meds.” This type of compensation will pay for all of your necessary medical treatments, including surgeries, hospital stays, specialists, tests, x-rays, medications, medical devices, physical therapy, and rehabilitation. You may need a workers’ compensation injury lawyer to help you fight for coverage for nontraditional medicines, such as holistic medicines.

Lump Sum Settlement

If you have sustained a permanent injury, regardless of whether you return to work, the employer and/or workers’ comp insurance carrier is responsible for a lump sum paid at the end of your medical treatment. This lump sum can vary dramatically depending on what your primary physician says you can do or no longer do. At Drake Injury Lawyers, we can hire experts to testify to these issues, and this can usually increase the benefits paid as a lump sum.

How Long Does a Workers’ Compensation Claim in Alabama Take?

This answer also depends on your unique case. If you have a relatively simple case and the insurance company accepts your claim right away, you can expect your first workers’ compensation check within about two weeks of filing your paperwork. If your case requires a longer investigation, further proof of your losses, or has other complications, however, this could delay the processing of your claim by days or weeks.

Working with an experienced Birmingham workers’ compensation lawyer from the very beginning of your claim can help ensure a faster, smoother, and more efficient workers’ comp process. Your Birmingham workers’ comp attorney can help you avoid mistakes that could add time to your claim, such as missing an important filing requirement. Working with a skilled workers’ comp lawyer in Birmingham can also help you negotiate with the insurer to resolve potential issues quickly, such as the denial of your claim or an inadequate settlement offer.

Our Birmingham, AL Workers’ Compensation Law Office Location

Drake Injury Lawyers
2 Perimeter Park S #510e
Birmingham, AL 35243
(205) 859-2236
Open 24 Hours

Local Proximity & Industry Perspective

Conveniently located in Perimeter Park, our office is just a short drive from the Jefferson County Courthouse and the Social Security Administration building. We understand the local industry landscape, from the steel mills to the growing tech corridor.

We represent workers across all Birmingham sectors:

• Construction: Falls from heights, trench collapses, and electrical injuries.
• Healthcare: Needle punctures, patient-lifting strains, and infectious disease exposure at St. Vincent’s or UAB.
• Industrial/Manufacturing: Amputations, crush injuries, and toxic chemical exposure.

We are committed to being the “workers’ compensation attorney near me” that Birmingham residents can trust for face-to-face counsel. We strictly operate on a contingency fee basis-in Alabama, workers’ comp attorney fees are capped at 15%, and you pay us nothing unless we win your case.

Why Choose Us?

Over $1 Billion Recovered for Birmingham’s Workforce. At Drake Injury Lawyers, we don’t just process paperwork; we serve as a protective shield for the men and women who keep Birmingham moving. Whether you are navigating the no-fault insurance system or pursuing a multi-million dollar third-party lawsuit, we provide the aggressive, localized representation needed to secure your future.

• Drake Injury Lawyers is a local law firm – not an out-of-state firm advertising in Alabama.
• Our lawyers get results, even if this means litigating a case at trial.
• Using proven legal strategies, we have recovered well over $100 million for our clients.
• We are not a mill-type law firm. You will benefit from personalized attention from your lawyer.
• We are committed to engaging in open communication with our clients throughout the legal process.

The “Willful Conduct” Exception

In rare cases, Alabama law allows you to sue a co-worker or supervisor if your injury resulted from “willful conduct.” This includes the intentional removal of a machine safety guard or a design to cause injury. Our investigators look for these specific violations to unlock higher compensation tiers for our clients.

Alabama law has an exception to what it calls the Exclusivity Doctrine, or the protection from litigation that an employer receives from the workers’ compensation system. The exception is if the injured worker can prove, using clear and convincing evidence, that his or her injury or illness resulted from a coworker’s willful conduct. The law’s definition of willful conduct is an action or omission that the coworker knew or reasonably should have known would injure someone.

If the willful conduct exclusion applies to your case, you may be able to bring a personal injury lawsuit against a coworker, or, through the law of vicarious liability, against your employer for your work-related injury. It is up to you or your workers’ compensation lawyer, however, to prove the existence of willful conduct in relation to your injury or illness before you can initiate a claim.

Workers’ Compensation vs. Personal Injury Lawsuit

Workplace injuries are, like injuries in all other contexts, caused by something. In many cases, that something is negligence. Most work accidents and injuries are preventable and trace back to someone failing to act with ordinary care. Unlike in other contexts, injured workers are, for the most part, barred from suing their employer for negligence by the explicit terms of the state’s workers’ compensation law.

Workers’ compensation laws usually provide that recovery under that program is the sole remedy that an injured employee has against the employer, and Alabama follows this “exclusive remedy” rule. This means that if you accept workers’ compensation, you typically cannot hold the employer liable through a lawsuit.

Unfortunately, the workers’ compensation benefits frequently don’t cover the injured employee’s actual losses. The direct medical costs of an occupational injury or illness, combined with indirect costs, make the total cost of a workplace injury at least as large as the costs associated with cancer, according to studies. The state’s workers’ compensation programs combined cover only about a quarter of these costs.

Do you have another recovery option besides workers’ compensation? The answer can be very tricky and technical. It helps a lot to have the assistance of an experienced workplace accident lawyer to guide you through the line that separates the workers’ compensation process from a tort lawsuit, where you may be able to obtain full compensation for your losses. Our Birmingham workers’ compensation lawyers can provide more specific information.

Can You File a Lawsuit Against a Third Party?

Alabama law does allow injured workers or their dependents to sue any negligent party other than the injured person’s employer, as long as the negligent party also caused the injury. These are third-party suits in the sense that they involve someone in addition to the employer and employee. The very nature of a third-party suit means that these lawsuits are primarily available for injuries at work sites where multiple entities are present.

Common examples of third parties include:

• Subcontractors at construction, industrial and similar sites. A subcontractor who causes an injury could face legal action from the victim in a personal injury claim. The injured employee can secure workers’ compensation benefits and then also take legal action against the third party for additional compensation, since filing a lawsuit against an employer for negligence is not an option in Alabama.
• Owners of property on which construction and repair work are being performed. A private property owner has an obligation to legal visitors to the property to ensure no safety hazards exist that could cause injury. If such hazards exist, the property owner must warn visitors about them if they are likely to encounter those hazards during their time on the property. Construction and repair work on private property can be dangerous, but this does not exempt the property owner from addressing known issues that can cause injuries. A property owner who fails to warn a contractor or other worker about a known safety issue may face liability under premises liability law.
• Visitors to work sites. Any visitor to a job site who causes an injury to an employee could face a third-party lawsuit from the victim.
• Manufacturers of equipment, tools and machinery used at the work site. Product manufacturers face liability if their products are defective or malfunction during normal use and cause injury to operators. The injured victim will need to file a product liability claim against the manufacturer and prove that the product in question was defective and the defect caused the victim’s injuries. A product may be defective by design, production or marketing, if the manufacturer inaccurately represented the product in marketing materials or failed to include adequate instructions for safe use of the product.
• Negligent drivers. If an employee is delivering supplies to a job site or otherwise driving during the course of his or her job duties and another motorist causes an accident, the employee would still qualify for workers’ compensation benefits since the accident occurred within the scope of work. However, the injured employee could also file a personal injury claim against the negligent driver for additional compensation.
• A local government or municipality. If the public agency responsible for maintaining an area of a job site allowed a dangerous element to persist in the area, they may face legal action if the dangerous element causes an injury. Filing legal action against a government entity works very differently than filing a claim against a private individual. Claimants must meet very strict filing deadlines, contend with a shorter statute of limitations, and typically face restrictions as to how much compensation they can claim.

In essence, if the injury is work-related but there is some person or entity other than the employer and fellow employees who was at the work site, or whose products or property was at the work site, and is legally responsible for causing the injury, the injured worker can sue for whatever tort damages are available under the circumstances. Those damages could, under some circumstances, include pain and suffering, mental anguish, loss of consortium, and many other elements of compensation unavailable in workers’ comp proceedings. And there is a right to a jury trial.

Contact A Birmingham Workers’ Compensation Lawyer at Drake Injury Lawyers

In Alabama, to make certain that your claim is filed properly so you receive the benefits you’re entitled to from workers’ compensation, contact Drake Injury Lawyers in Birmingham and schedule a free consultation today. Our highly skilled Birmingham personal injury attorneys have many years of experience in helping the injured get the compensation they need and deserve.

We will help you file the claim properly and look closely at your situation to determine if there is potential for making one or more third-party claims to improve the possibility of a full recovery for all your damages, including the nonfinancial ones. Don’t delay, as missing a legal deadline could cause you to lose your right to benefits. Call (205) 970-0800 today or contact us online for a free consultation.