Legal Question in Workers Comp in Alabama

What Should I Do?

I have been injured on a job where the employer does not have workers comp, yet has 7 employess to include himself and son, I have had to use my own insurance to go to the er and my dr, I cut my finger to the bone and the drs think I may have injured a tendon, because i cant lift my finger, Im supposed to be out of work, yet am required to work with a brace on my right hand by my employer, when I inform him of the drs remarks, he replies, there all quacks, all you have is a cut, he has yet to offer any payment towards medical or meds, I cant keep working with my hand in a cast, my finger just dangles, the dr says I made need sugery, but im not so sure my employer will pay for this, and I cant afford to loose my job, what do I do?


Asked on 5/14/05, 10:28 am

1 Answer from Attorneys

Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: What Should I Do?

If your case falls under the Georgia Workers� Compensation Act, your employer violated the law by not having coverage. You can contact the State Board of Workers' Compensation and report your employer to the compliance unit. They will investigate and determine if the employer should have had insurance and fine them accordingly. Since your employer did not have coverage at the time of you accident, you will need to proceed with a claim directly against your employer. File a WC-14, Notice of Claim/Request for Hearing with the State Board of Workers' Compensation (and mail a copy to your employer). You will need to fully complete the form, indicating what relief you are seeking (i.e. payment of medical bills, mileage, prescriptions, etc.). You can request lost time benefits if you start missing time from work because of your injury. However, keep in mind that you cannot seek payment for pain and suffering. Once you have filed the WC-14, the State Board of Workers' Compensation will schedule a hearing date. On the day of the hearing, you will have the opportunity to present your case to an administrative law judge (ALJ) who will determine if your employer should pay for your medical expenses (and lost wage benefits if you miss time from work). It will be your burden to prove that an accident happened at work and that you were injured as a result of the accident. In order to do this, you can bring witnesses to the hearing to testify that they saw you get hurt. You can also bring the medical records and bills to show that you sought medical treatment. If the ALJ finds in your favor, your employer will be ordered to pay your medical bills and if needed, pay for future medical expenses related to your injury. I recommend that you take a look at the Georgia State Board of Workers' Compensation�s website where you can download and print the WC-14, as well as read about the workers� compensation process. Good luck!

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Answered on 5/16/05, 6:13 am


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