Hurt at Work Chelsea Alabama

If you live in Chelsea, Alabama or anywhere Shelby County*, and you have been hurt at work, to have a compensable workers' compensation claim, several hurdles have to be cleared. First, the injured worker must actually be an employee of the defendant. While this may sound simple, at times huge battles erupt between defendant's over who actually employed an injured worker. As a rule of thumb, whomever directs you in when and how you perform your job duties will be considered your employer.

Second, your employer must be subject to Alabama's workers' compensation laws. In Alabama, an employer has to have 5 or more employees regularly employed to fall under our workers' compensation system. Employees of the State of Alabama must seek compensation through another system set up for State employees.

Third, you must show that (i) you suffered an on-the-job injury (ii) while performing your job duties for your employer. Injuries caused by a worker goofing off, being engaged in horse play or injuries caused by the worker being under the influence of alcohol and/or drugs are not considered injuries sustained while performing your job duties and are not covered. However, since Alabama's workers' compensation laws are no-fault in nature, the fact the injured worker accidentally contributed to his injury does not prevent him from seeking and receiving workers' compensation benefits.

Forth, the injured worker has an obligation to inform his employer that he has suffered a work related injury. Often times a worker is not sure if they have suffered a serious injury or just a sprain, so they do not report anything until later. We have spoken to numerous people who call our office after being told by their employer that they had waited too long to report a job injury and therefore they are not entitled to any workers' compensation benefits. This is rarely true as in Alabama, a worker has up to 90 days in which to inform his employer about a job injury.

Lastly, the injured worker has to show that the injury they are complaining from was the result of the job accident they suffered.

If you live in Chelsea or anywhere in Shelby County Alabama and you were hurt at and have questions about whether you have a compensable workers comp claim, the experienced Alabama Workers Compensation attorneys at Powell and Denny would be happy to speak to you.

Powell and Denny: We Work When You Can't

Offices in Huntsville, AL and Hoover, Alabama

Hurt at Work Chelsea Alabama

* Includes the cities and towns of Alabaster, Calera, Chelsea, Childersburg, Columbiana, Harpersville, Helena, Hoover, Leeds, Montevallo, Pelham, Saginaw, Vandiver, Vestativa Hills, Vincent, Westover, Wilsonville, Wilton.