Birmingham Job Injury Denied Medical Treatment

If you live or work in the Metro Birmingham area* and have suffered a serious job injury, there may come a time during the course of your medical treatment in which the treatment recommended by your authorized treating physician is denied. In our last blog we discussed the pre-existing condition argument, now we turn to another reason given to those who have suffered job injuries for denying their claim for Alabama Workers' Compensation benefits- because the injured worker did not inform their employer of their job injury quickly enough.

Often times a worker is not sure if they have suffered a serious injury or just a sprain, so they do not report the injury (providing notice) at first, but only later file a workers' compensation injury report when their pain refuses to go away. We have spoken to numerous people who have called our office after being told by their employer that they had waited too long to report/give notice of a job injury and therefore they are not entitled to any workers' compensation benefits. This is rarely true.

While it is true that according to Ala.Code ยง25-5-78, an injured workers is supposed to provide written notice of a workplace injury within 5 days of the on-the-job injury, but this section goes on to state that, in Alabama, a worker has up to 90 days in which to inform his employer about a job injury. An oral report is just as valid a notice means as a detailed written report.

Company policy cannot override law, so if your employer states that "...company policy mandates that all workers' compensation injuries be reported within 2 days of the occurrence of said injury and since you did not do so you are not eligible for workers' compensation benefits " (which several injured workers have called to tell us over the years)-they are lying to you. Having stated this, it is always best to report a potential job injury as soon as possible.

If you live in the Birmingham Alabama region and have suffered a job injury, but you have been told that you waited too long to report you job injury, don't give up, contact Powell and Denny today.

Powell and Denny: We Work When You Can't

Offices in Birmingham, AL and Huntsville, Alabama

Birmingham Job Injury Denied Medical Treatment

* includes Fairfield, Bessemer, Hueytown, Center Point, Leeds, Vestavia Hills, Hoover, Mountain Brook, Alabaster, Pelham, Tarrant City, Gardendale, Fultondale, Adamsville, Sterrett, Roebuck, Trussville, Springville, Kimberly, Hayden, Morris, Mt. Olive, Sayre, Summiton, Adger, McCalla, Helena, Westover, Graysville, Pinson, Montevallo and everywhere in between.