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Hamilton Workers’ Comp Lawyer

Missy Wigginton

Hello friends and family, I am Missy Wigginton, also known as Mama Justice. When meeting me, some people ask me how I got my name. The answer: I h...

Hamilton, Alabama Workers’ Comp Lawyer

Have you sustained injuries while working? Contact the Hamilton workers’ comp attorneys at Mama Justice to learn more about your legal rights.

You may apply for workers’ compensation benefits when you are injured on the job. These benefits help you pay bills while you recover from your workplace injuries. Sometimes, however, an application is denied, or your benefits end before you fully recover.

If you need help claiming your Alabama workers’ compensation benefits, an attorney from Mama Justice can help.

What is Workers’ Compensation?

Workers’ Compensation is a state-run program that supplies benefits to workers injured at their place of employment. Each state has its own version of the program, and although the rules may vary, the basic structure is quite similar.

Generally speaking, employers are mandated to purchase workers’ compensation insurance. This covers their liability if a worker is diagnosed with an occupational disease or injured on the job.

The program was designed to act as an unspoken agreement between workers and employers. Employees are provided with a no-fault benefit program that covers their medical costs and a partial wage replacement benefit if they sustain an injury that causes them to miss more than two days of work.

In exchange, employees are prohibited from suing their employer for a workplace injury, even if it resulted from their employer’s negligence.

What Should I Do if I Am Injured on the Job?

After being hurt at work, it is essential that you take the following actions:

Get prompt medical attention
Report the injury right away by giving your supervisor or someone in a supervisory position a written notice within five days
Ask your employer, manager, or supervisor for a list of approved doctors who can treat your injury

Failing to report your injuries on time properly could affect your ability to collect workers’ comp benefits. Your employer is not required to cover the costs of your injury-related medical care or a portion of your income until you provide formal notice of your accident and a referral to an authorized physician.

We also strongly recommend hiring an experienced workers’ compensation attorney in Hamilton to protect your interests and walk you through the claims process, part of which is dealing with insurance companies that will do whatever they can to ensure you receive the lowest possible payout.

Your employer’s Alabama workers’ comp carrier has a vested financial interest in denying your claim. You need someone who can get through the red tape and reclaim your benefits immediately. We help injured workers collect the benefits the law entitles them to for their injuries. Contact the reputable Alabama workers’ comp lawyers Mama Justice today.

What Benefits Are Included in Workers’ Comp?

The various benefits available through the workers’ compensation program in Alabama include:

Medical benefits

These cover any medical care expenses arising from or relating to the injury or occupational disease

Partial wage loss benefits

These compensate the employee for time away from work due to their workplace injury.

Death benefits

These benefits include funeral expenses along with weekly benefits to be paid to the dependents of any worker who dies within three years of a workplace disease or accident

Burial expenses

Covers up to $6500and is paid by the employer

Temporary total benefits

These are for workers who are completely disabled for a period of time

Temporary partial benefits

These benefits are for workers who are unable to perform their regular duties and instead must assume lighter duties until they recover

Permanent partial benefits

These are for workers who sustain a permanent disability and are based on the severity of the injury

Permanent total benefits

These are for workers who have a permanent disability and are no longer able to work at all

More details can be found on the Alabama Department of Labor’s website.

Worker’s Compensation Attorney in Hamilton

If you were injured on the job, you rightfully expect the Alabama Workers’ Compensation program to provide you with the benefits you need to cover your medical costs and your lost wages. Not only do victims rely heavily on workers’ Compensation, but the law is structured so they cannot sue their employer or another worker for their injury, leaving them no other course of action.

Workers’ Compensation is typically your only alternative for getting your hospital bills paid and assistance with your living expenses while you are injured and unable to work. Regrettably, workers’ comp in Hamilton, AL. is not the certainty it is made out to be.

There are multiple ways in which your employer and their insurance company can deny you benefits. Luckily, you don’t have to accept this. A knowledgeable and experienced workers’ compensation lawyer in Alabama can defend your rights and ensure that you are not being unjustly denied the benefits to which you are entitled.

Alabama Workers’ Compensation Facts

If your employer has more than four employees, you and they are covered under the Alabama workers’ compensation program. It is not uncommon for an employer to deliberately misclassify their workers as contractors when they are employees. If you work for a very small company, you could be entitled to workers’ Compensation though your employer is telling you that you aren’t.

Workers’ compensation insurance covers any accident that arises from and in the course of employment. The law specifies what is considered an accident in very broad terms. Your employer’s workers’ compensation insurance company might try to say that your injury was not technically caused by an accident according to the law or that it did not occur during your employment.

Let the personal injury attorneys at Mama Justice review the facts of your case to determine if you qualify for workers’ comp.

You must give proper notice to your employer immediately following your accident. This notice must be given within five days. If your employer has actual knowledge of your accident and injury through some other channel, such as they saw it happen, this is the same as giving notice. Never take procedural rules lightly. Your employer could attempt to deny your claim if you do not follow the exact letter of the law.

Other reasons employers and insurance carriers try to deny claims include the following:

Claiming your injury was the result of the employee’s willful misconduct
Claiming your injury was caused by a third party or for reasons not related to work
Claiming you deliberately injured yourself
Claiming your accident happened because you were under the influence
Claiming your accident was due to your failure or willful refusal to use proper safety precautions
Claiming your injury was the result of your willful neglect or willful refusal to perform a statutory duty
Claiming your injury was the result of your willful violation of a rule

A personal injury lawyer in Hamilton will know the most effective methods of combating these common employer attempts at denying your rightful workers’ comp claim.

Calculating Your Workers’ Comp Benefits

If you need to claim weekly benefits because you were injured on the job, take your average weekly wage for the past 52 months and multiply it by 66.66. For example, if you make $400 a week, your weekly benefits amount will be around $268.

Other benefits are calculated as follows:

Death benefits: 500 weeks
- Weekly wages x 50% for a single dependent
- Weekly earnings x 66.66 for multiple dependents
- $7,500 one-time payment to the decedent’s estate, paid by the employer, in the event there are no dependents
Temporary total disability/Permanent total disability: Unlimited weeks
Temporary partial disability /Permanent partial disability: 300 weeks

Workers’ Compensation vs. Personal Injury Claims

After an injured employee files a workers’ comp claim, provided they qualify, they will receive the benefits that apply to their claim, including medical care and partial wage replacement benefits based on the severity of their injury.

If an employee’s injury was caused by the negligence of a third party, like the manufacturer of a defective piece of machinery or tool, the employee might be able to file a third-party personal injury suit.

The difference between filing a workers’ compensation claim and a personal injury claim is that with a personal injury claim, you have to show that the negligence of the at-fault party was the immediate cause of your injuries. With a workers’ comp claim, you have to prove that your injury occurred at your workplace while performing duties directly related to your job.

Another significant difference is that if your personal injury claim is successful, you might be able to collect financial Compensation for pain and suffering, emotional anguish, and, where applicable, punitive damages. Your Alabama workers’ comp attorney will explain how each type of claim works and which is the best fit for your case.

Common Workplace Injuries in Alabama

The U.S. Bureau of Labor Statistics reported that in 2017, there were more than 80 job site fatalities in Alabama, down almost 20 from the year before. Across the country, a total of 5,147 workplace deaths occurred that year, down from 5,190 the previous year.

There is no restriction on the kind of injury covered by workers’ comp. The injury must have happened at work while the employee was performing a task within the scope of their regular duties.

Some examples of the most common types of workplace injuries include:

Acts of violence

Examples include workplace shootings or assaults

Repetitive motion injuries

Common RMIs in Alabama are vision problems, back pain, and carpal tunnel syndrome

Accidents involving industrial machinery

These are often due to inadequate training and lack of protective equipment

Transportation accidents

These take place when a worker is injured while operating a motor vehicle as part of their duties

Walking-into injuries

These happen when an employee accidentally walks into a wall, door, cabinet, window, etc.

Falling object injuries

These are very common on construction sites and in warehouses

Bodily reaction injuries

These are accidents caused by free bodily motion. They involve things such as sitting, reaching, tripping, or slipping without falling, climbing, standing, and bending

Falls from heights

Commonly occur on stairways, ladders, and roofs

Trip, slip, and fall injuries

Often the result of debris or slippery or uneven flooring

Overexertion injuries

Common causes of these injuries include pushing, lifting, carrying, pulling, throwing, and holding injuries

Examples of Occupational Diseases

Some of the most common types of occupational diseases among Alabama workers are:

Chemical burns/Chemical poisoning: These happen when employees are not adequately trained or not provided with the appropriate personal protection equipment.
Mesothelioma: A form of lung cancer caused by long-term exposure to asbestos. Those who work in demolition, construction, mechanics, plumbing, power stations, and other similar industries are most likely to contract this disease
Industrial dermatitis: A chronic skin condition resulting from exposure to industrial irritants.
Industrial asthma: Caused by exposure to airborne toxins.
Neurological disorders: Also the result of exposure to toxic workplace chemicals
Stress-related injuries: These injuries are due to the emotional stress that comes with being overworked, having difficult colleagues, abusive supervisors, and unmanageable employees.

If your medical condition or disease was the result of occupational exposure in a previous place of employment or your current job, a skilled Alabama workers’ comp attorney will fight to ensure you receive your rightful workers’ compensation benefits.

What Should I Do if My Claim is Denied?

If your claim for workers’ compensation benefits is denied, or if your employer refuses to pay your benefits while you are still injured and eligible to receive them, you have the right to meet with an examiner from the Workers’ Compensation Division or to hire a lawyer to take your claim to court.

Helping You Get Back to Work After a Workplace Injury

If you were injured in the workplace and are facing any form of dispute with the Alabama Workers’ Compensation Division or with your employer’s workers’ comp insurer, we strongly urge you to seek experienced legal representation that will help you level the playing field. The law firm of Mama Justice can do just that.

If you feel you have a valid workers’ compensation case, call us at (888) 484-1476 today to speak with one of our Hamilton personal injury attorneys to find out what we can do for you and your family.

About Our Firm

Hello friends and family, I am Missy Wigginton, also known as Mama Justice. When meeting me, some people ask me how I got my name. The answer: I have 2 sons. When they were little, we always had a yard full of kids. All my boys’ friends called me Mama Missy because I made sure they were all fed and had plenty of cool drinks on those hot, southern, summer days. Being a mama is one of the most rewarding and best jobs that God has ever blessed me with.

I am also thankful that God put me in a position where He can use me to help others in very difficult times. I, too, have been in difficult times, the worst of which being when my 25-year-old son left this earth for his heavenly home. Through the trials and tribulations of my loss, God remained faithful. Losing my son taught me that all things that happen in life can be used for good. My job allows me to be Mama Missy not only to my beloved children and grandchildren but to everyone who needs justice. Hence the name, Mama Justice. Although I am familiar with many areas of law, I focus my practice on personal injury cases. I represent injured people in all types of wrecks, accidents and work-related issues. For many folks, a car crash or work-related accident has the potential to turn their lives upside down, leaving them unsure of which direction to turn. When this happens to you, my goal is to help you through your most difficult times and make sure that you are properly represented when dealing with insurance companies. I will take on the headache of dealing with insurance companies so you can focus on getting better. I will personally work your case and ensure that every client stays informed and is treated as a friend and family member here at Mama Justice. Our business model is just that—to treat all clients like family! If you have had a wreck or been in an accident, then you have come to the right place—we are here to help you. Call us at (833) 626-2587 today for a free consultation!

If you were injured or lost a loved one as a result of someone else’s negligence,contact our Mississippi personal injury lawyers or call us at (833) 626-2587 for a free and confidential consultation.

Mississippi

Personal Injury Attorneys

Serving Mississippi and Tennessee

Few things are as upsetting as being injured due to the careless or reckless actions of another person or company. Here at Mama Justice – MW Law Firm, we are committed to helping everyday people throughout Mississippi and Tennessee get through some of the most difficult times in their lives. Our lawyers are licensed in Mississippi, Tennessee, and Alabama, with active cases in all three states. Led by founding attorney, Missy Wigginton, AKA Mama Justice, our legal team brings decades of experience in personal injury and wrongful death law to our practice. Here at the firm, we have a lot of empathy for you and your situation; that’s why we listen to your story and work tirelessly to obtain the best possible results for your case.

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EXPERIENCE

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Over 40 Years of Combined Experience

With over 40 years of combined experience, we are dedicated to fighting for your rights and obtaining the best possible outcome for your case.
We Treat Our Clients Like Family

We always treat you with care and attention. Our goal is to stand by your side and help you navigate through the legal issues when you need us.
Fierce & Hands-On Legal Team

Our team has a proven track record of holding accountable parties responsible. No matter how difficult, complex, or stressful your situation may be, we are prepared to help.
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When you hire us, you can count on us to handle your case personally. We are involved from start to finish and you will be informed throughout the entire process.

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Catastrophic Injuries

I love them!! Best to ever do it!!! Mama Justice is where it's at!! They will never let you down!! Some of the best people I've

Work Injury Client Testimonial

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Client Experience after a Car Accident

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The Most Common Types of Personal Injury Claims Mama Justice Handles

Our team at Mama Justice has handled a wide variety of different personal injury claims in our decades of personal injury law experience. We work tirelessly to obtain the best possible results for our clients. We treat them like family.

We understand that being a lawyer involves much more than just knowing and understanding the law. It takes compassion and the ability to be aggressive when necessary. Led by our founding attorney, Missy Wigginton, AKA Mama Justice, our legal team brings decades of personal injury law experience to the table.

The most common types of personal injury claims filed in Mississippi, Tennessee, and Alabama each year are those related to:

If you have been injured in a personal injury accident in Jackson, Tupelo, Corinth, Columbus, Starkville, Greenville, Hattiesburg, Southaven, or one of the surrounding areas, Mama Justice can help you get the compensation you are entitled to for your injuries and losses. We also handle claims in Tennessee and Alabama so call us today to talk about your accident and see if you can pursue compensation.

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