WORKERS COMP ATTORNEY
A serious workplace accident, one that causes severe injury which temporarily or permanently causes a disability, should be fairly compensated. A skilled team of experienced Huntsville workers compensation lawyers know what’s fair and are equipped to recover what is due.
Have you been taken from your job by a construction accident or sustained a serious injury at a warehouse, manufacturing plant or factory? Has your employer failed to recognize the severity of your injury, so you can receive the workers' compensation benefits that you're entitled?
Since 1979, the experiened workers' compensation lawyers at Richardson Maples have successfully assisted injured workers with securing maximum workers' compensation benefits for wages, health care, and disabilities following a work injury or industrial accident.
We help you file a claim for additional compensation against any possible third parties that may be liable for your injury due to defective work equipment, unsafe work environments, an accident while in a company vehicle, or injuries that occur on another's property while you are on the job. We can pursue claims for those wrongfully-denied medical benefits, if you have settled a past claim and are now being denied promised benefits.
Serious construction accident injuries and wrongful deaths happen every day due to:
Defective or malfunctioning heavy work equipment and machinery
Large falling objects
Slips-and-falls and trips-and-falls
Falls from great heights
Falls from ladders and scaffolds in need of maintenance and repair
Traffic accidents in company vehicles
An unsafe work environment or unsafe working conditions
Our experienced attorneys protect your rights and obtain compensation for you by researching your injury claim, skillfully negotiating with an employer ‘s insurer, and aggressively litigating in the courtroom. We do whatever is necessary to help you recover lost income, pay medical bills, and receive compensation for all other losses as a result of your accident.
Most cases are handled on a contingency fee basis, which means that you will never be asked to pay us anything out of pocket. We will be paid based on what we recover for you, from the responsible parties. There is no attorney fee unless we win your case, so we are determined to secure the maximum compensation for you.
Verdicts & Settlements
$835,000 – The firm's client, a janitor traveling between job sites, was severely injured in a car crash in Madison County, Alabama. The firm was able to maximize his recovery from both the employer's workers' compensation insurer and the driver whose negligence caused the collision.
$150,000 – On the job accident in North Alabama. Our client suffered a permanent arm injury when his arm was caught in the moving parts of a machine.
$275,000 – Workers' compensation settlement and subsequent settlement of outrage claim for denial of medical care. Alabama law recognizes a claim against a workers' compensation insurance carrier for outrageous claims handling practices. When a workers' compensation insurance carrier promises to pay future medical benefits but then backs out of their promise in an effort to save money, they are responsible for the harm that results.
$200,000 – Our client sustained severe injuries in a fall while working under the direction of an individual in Madison County. While workers' compensation benefits were not available, the firm was successful in locating and recovering under a policy of Employers' Liability Act insurance coverage.
Frequently Asked Questions (FAQs)
Can workers’ compensation payments be garnished?
In certain circumstances, some of your workers' compensation benefits may be subject to garnishment.
Can workers’ compensation run concurrently with FMLA?
You can receive workers' compensation benefits while on FMLA leave.
Can workers’ compensation claims be retroactive?
Workers' compensation benefits can be paid now for benefits that should have been paid in the past, but there is a limit as to how far back such payments can be required.
How is workers’ compensation calculated?
Workers' compensation benefits are calculated based upon your average weekly wage and the extent of your damages or injury.
How are workers’ compensation benefits paid?
Workers' compensation benefits are paid on a regular basis, like a paycheck.
Are workers’ compensation benefits taxable?
Workers' compensation benefits are generally not taxable but in certain circumstances they can be.
What if I work on a federal defense base? Am I still covered if I am injured?
If you are injured on the job on a federal defense base, you may still have a claim for injuries though perhaps not through traditional workers compensation.
What if I work for a federal contractor? Is there some special coverage for me if I’m injured?
If you work for a federal contractor, you may be entitled to benefits for injuries sustained on the job but through a different mechanism than traditional workers compensation insurance.
What does the Defense Base Act cover?
The Defense Base Act provides workers' compensation protection to civilian employees working outside the United States on US military bases or under a contract with the U.S. government for public works or for national defense. The Defense Base Act provides disability, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during work hours. Compensation for total disability is two-thirds of the employee's average weekly earnings, up to a current maximum of $1,030.78 per week. Compensation also is payable for partial loss of earnings. Death benefits are half of the employee's average weekly earnings to the surviving spouse or to one child, and two-thirds of earnings for two or more such survivors, up to the current maximum weekly rate. Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments. There is no minimum compensation rate. Permanent disability and death benefits payable to aliens and non-U.S. residents may be commuted by payment of half of the present value of future compensation, as determined by the OWCP district director. The injured employee is entitled to medical treatment by a physician of his/her choice, as the injury may require. Medical benefits may not be commuted.
When does Defense Base Act apply?
Working for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions; working on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States; working on contracts approved and funded by the U.S. under the Foreign Assistance Act, generally providing for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States; working for American employers providing welfare or similar services outside of the United States for the benefit of the Armed Forces, e.g. the USO.
What is the statute of limitations for filing a Defense Base Act claim?
The employer should notify its insurance carrier, or if it is self-insured the claims administrator, as soon as it has knowledge of an injury. Medical treatment if needed should be authorized immediately. An Employer's First Report of Injury, Form LS-202, must be filed with the OWCP within 10 days of the injury, if it causes loss of one or more work shifts. A written claim for benefits must be filed with OWCP within one year of the injury or within one year from the last payment of compensation, whichever is later.