Legal Question in Workers Comp in Alabama

Re: Released on light duty

If they do not have light duty, they have to pay her her Temporary Total Disability (TTD) while she is off work under the doctor's care. TTD is 2/3 of her average weekly wage (AWW). For example, if she makes $300.00 per week, they have to pay her $200.00. If you have any further questions, please do not hesitate to contact me at (205) 254-3927.

difficult problem

Dear Jaybird,

Under Al. Worker's Comp. law there is not a lot your mother can do at this juncture. Al. law here is statutory,that is created by legislation and then modified by case law rather than developing over time from the common law. In that way, it is very limited in things that are available to use as damages. The only measure of damages is the amount of permanent physical impairment your mother has when her treatment and recovery period are over.There is a formula that is used at that point to determine the money value of her case. The weekly check she no doubt drew for a period of time was for TEMPORARY TOTAL DISABILITY. That is she was completely unable to work on a TEMP. basis. This was the period of time her doctor was treating her. At some point her Dr. said "this is all I can do". He normally puts in her chart at this time that she has reached "maximum medical improvement". This means her condition, good or bad, is PERMANENT.He also would usually give her a permanent impairment ratiing at this time. Since her condition is now PERMANENT, she is no longer elgible for TEMPORARY benefits.So her check is cut off. As to your main Quest. about light duty, under Al. law her employer is NOT required to provide her with a light duty job if he doesn't have one. This is just one of the many weak spots in Al's WC. law.

This can be a complex area to explain. I have tried to give you a simple overview. There are other questions to ask and other things to look at. You don't mention your mother's age. This could be an important factor both as to rehab, retraining and the Federal Ques. of Age Discrimination. You mother needs a lawyer. Most lawyers will talk to her about this situation at no charge. The fee in a WC case HAS TO BE ON A CONTINGENCY UNDER ALABAMA LAW.An attorney cannot charge her any money up front for a comp. case. She should check around and find someone who is experienced in this area. I hope this helps get you started. I can be reached at [email protected] or 205-921-0202. If you call, please tell the receptionist how you got the number.

Thanks,

Fred Wood