Ask a Lawyer
Sep 12, 2013 | 845 views | 0 0 comments | 42 42 recommendations | email to a friend | print
This week Pat Nelson answers some frequently asked questions about Worker’s Compensation:

I broke my leg in an auto accident while delivering products for my employer. I was on the job. The accident was the fault of the other driver. Besides work comp benefits, is the other driver responsible for any of my losses since Work Comp only pays 2/3 of my salary while I am still off work? Denny D., Curry

In addition to workers' compensation benefits, you are entitled to compensation from the party that caused your injury. These "third party claims" can include losses for pain and emotional suffering as well as financial losses, so the total compensation can be far higher than that for just a workers' compensation claim. As you stated, workers’ compensation only pays 2/3 of your salary so you have lost wages that the other driver’s insurance should pay.

My boss told me I waited too long to tell him about my injury. Is there anything I can do? Rachel L., Pineywoods

You can have up to 90 days to report the injury to your employer. But the clock starts ticking when you become aware of your injury, so you should report it as soon as possible.

Is it possible to obtain both workers' compensation benefits and Social Security Disability (SSD) benefits? Rudy B, Jasper

Yes. But these claims are complicated and there are complex interactions between SSD and workers' compensation claims. If your workers' comp claim is not handled properly, it can reduce your SSD benefits. At Nelson, Bryan & Jones, our lawyers handle cases in both areas, so we can coordinate both claims with the aim of maximizing your total stream of benefits.

I’ve been told that I am not eligible for workers’ compensation benefits because the job injury I suffered was my fault. Am I out of luck? Geoff W., Jasper

NO. The Alabama Workers’ Compensation statute states that an injured worker cannot be denied workers’ compensation benefits because the job accident was caused by (1) his or her own negligence; (2) the negligence of a fellow employee or because (3) the employee had assumed the risks of injury by working at the job site.

Is my employer responsible for paying my medical expenses? Will P., Cordova

YES, the Alabama Workers’ Compensation statute requires the employer pay for reasonably necessary medical and surgical treatment, physical rehabilitation, medicine, medical and surgical supplies, crutches, artificial members and other needed apparatus necessary as a result of an accident arising out of and in the course of an injured worker's job.

What is the statute of limitations for filing a claim for workers’ compensation benefits? Ashley C., Parrish

An injured worker has two years from the date of injury, or from the date they were last paid temporary total disability benefits to have either settled their claim or filed a lawsuit. Claims not made within this time period are forever waived. Don’t take a chance with your workers’ compensation claim -- call Nelson, Bryan & Jones today.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Please send the questions to: Ask A Lawyer P. O. Box 2309, Jasper, Alabama 35502

205-387-7777 or email to:

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No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.