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Alabama Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Alabama on
Q: I signed a release agreement for settlement almost 5 months ago is this normal to wait this long? Can I do anything?

I signed the agreement and check was sent about 5 months ago. They have been working subro (I think that’s what it’s called) with workers comp. Not sure if this is a normal process and how long does it take for everything to be resolved and funds are disbursed? Should I ask for updates or is... View More

James L. Arrasmith
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answered on Jan 4, 2024

Waiting five months for the resolution of a settlement agreement and disbursement of funds, especially in a case involving subrogation with workers' compensation, can be within the normal range of time, but it's understandable that you are concerned about the delay. Subrogation processes,... View More

1 Answer | Asked in Gov & Administrative Law, Workers' Compensation and Employment Law for Alabama on
Q: Hi, I am an LLC looking to hire remote workers throughout the country. Would we need to file a foreign llc in each state

Would we need to file a foreign LLC in any state that we conduct business. We are hiring them as independent contractors. Also would we need to have worker's compensation?

N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

Each State has its own rule on what constitutes "doing"/"conducting" business for the purpose of determining whether an out-of-state business must register there as a "foreign" entity. Having an employee in a particular State may be, but isn't always, a factor in... View More

1 Answer | Asked in Workers' Compensation for Alabama on
Q: case was settled, "Full and Final" last year, can I still receive medical care/or Reopen if the injury got worse?
Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Jul 28, 2022

I'm not sure what you mean by "full and final." In Alabama, workers compensation has two parts. One is medical treatment. Two is the money benefits payable to you for disability, whether the disability is temporary while off work getting care or permanent once you reach maximum... View More

1 Answer | Asked in Workers' Compensation and Construction Law for Alabama on
Q: Should I sue for workmanship comp settlement.

I was doing commercial construcvetion and a scaffold that wasnt put together correctly, by someone else collapsed while I was on it. I had to have a plate put in my clavicle, and had problems walking for months because of my sciatic nerve, had to rehab for it. They paid my weekly payment until I... View More

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Jun 25, 2021

Thanks for the question. You actually may have two possible cases. You certainly have a workers compensation case. You also may have what is commonly called a third-party case against the company that installed the scaffolding. In Alabama, you typically cannot sue your own employer or co-workers... View More

1 Answer | Asked in Workers' Compensation and Constitutional Law for Alabama on
Q: Can I use for work comp as long as medical is open? Even if it's been over 2 years?

It's been just over 2 years, but medical is still open, they offered 1000 and was gonna keep medical open but I didnt take money

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Jun 23, 2021

The short answer, is yes. Medical benefits are not currently subject to the two year statute of limitations. They are legally available for the remainder of your life. If you are still suffering problems from your accident and injury, you should seek medical care as soon as possible. Keep in mind,... View More

1 Answer | Asked in Workers' Compensation for Alabama on
Q: is it possible to re-open a settled WC claim if one feels they were misrepresented concerning the amount of settlement?

the case was 1st settled in 2005 but I have since learned that I could have received a much higher settlement

J. Brent Burney
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J. Brent Burney
answered on Apr 8, 2019

I am not aware of any way that you can re-open the indemnity portion of your settlement at this point in time. Once the Judge signs the judgment it becomes final after 30 days.

1 Answer | Asked in Civil Litigation, Employment Law and Workers' Compensation for Alabama on
Q: I'm interested in filing a suit against let's eat out Incorporated

I have proof of the wrongs that were done to me at the Athens Alabama location and have proof that I reached out for help from people and higher positions and was ignored also there are for other people and similar situations with proof for their own wrong-doings by this company.

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2018

Based on the limited details here, it could be difficult for an employment attorney to advise you whether or not you have a valid claim. If you consulted with an employment attorney, you could at least learn what timeframes you need to take action before to preserve your legal rights if they... View More

1 Answer | Asked in Workers' Compensation for Alabama on
Q: It been nearly 4 years since a workman's comp. case was started whats taking so long ? I'm in Alabama.
Peter N. Munsing
Peter N. Munsing
answered on Mar 12, 2017

You need to sit down with your attorney to find out. Generally that would be way over due, but if they are contesting something it can take a long time.

1 Answer | Asked in Employment Law and Workers' Compensation for Alabama on
Q: My employer said I have to pay full amount for health insurance wow I was off of work with broke leg.

Broke leg off job and out of work for 12 weeks . Came back to work and was told I would have to pay full price for health insurance for the 12 weeks I was off . $25.44 week was what I paid but told I have to pay $134.00 a week because I was not working. Do I have to pay back the full amount? He has... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 12, 2016

Contact a member of the Alabama Assn for Justice who handles employment cases-=-they give free consultations. Usually, that type of arrangment will be governemed by your workplaces personnel handbook. Unfortunately the law usually won't cover that but it depends on the state and the ACA... View More

2 Answers | Asked in Workers' Compensation for Alabama on
Q: injured on the job in October out of work for a month. Then changed jobs at the beginning of the yearam I still covered?

Now having problems with injured shoulder. Trying to see if it is still covered by workers comp or not.

Jonathan Damashek
Jonathan Damashek
answered on May 6, 2016

If the claim is still open.

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1 Answer | Asked in Workers' Compensation for Alabama on
Q: I settled my workmans comp case and signed a contract not to file for any future injuries, can I file a new injury?
Joseph A. Ingram
Joseph A. Ingram
answered on May 13, 2015

Yes you may file a new claim if it is a new injury not to the same body part. Please call if i can help Ingram Law LLC 205-335-2640

1 Answer | Asked in Workers' Compensation for Alabama on
Q: I still havent returned to work and workmans comp wants to speak to me at work is this normal

Got hurt on job and waiting to see neurologist but its been two weeks and still no appointment and now workmans comp wants to speak to me at work

Joseph A. Ingram
Joseph A. Ingram
answered on May 13, 2015

Generally, if you have filed a claim, and are receiving temp disability pay, then you should not speak with your employer. However, I presume you do not have a lawyer at this point. Sometimes the insurance nurse or caseworker may want to speak with you about your injury before determining a... View More

1 Answer | Asked in Workers' Compensation for Alabama on
Q: Hurt at work .not my fault. but i failed drug test. do i still have rights ?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 28, 2012

I practice WC law in Virginia so this is not legal advice but rather general information. Employers routinely require drug tests after an injury. The drug test if you fail can be used to either deny the claim or to deny further employment. You should check with an experienced WC lawyer in your... View More

1 Answer | Asked in Workers' Compensation for Alabama on
Q: Can a workers compensation lump sum settlement be denied by a judge
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 28, 2012

I practice WC Law in Virginia so this is not legal advice but only general information. In Virginia the WC commission cannot approve a settlement unless it is in the best interests of the injured worker. This may be true in. Your state. Check with a lawyer in your state that specializes in WC Law.

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