Birmingham, AL Workers’ Compensation

The Law Offices Of Matthew J Meloun

If you were injured in your workplace and are having trouble receiving the compensation you need, don’t wait another day to pick up the phone. Call me right now!

The sooner you call, the sooner I can recover for you.
You have a lot on your mind right now and the only thing you need to focus on is getting well, I take care of the rest. I represent you, not the insurance companies!

Focus on getting well, let me deal with the rest.

  • Dealing with insurance company
  • Letting you focus on getting well
  • Litigate workers’ compensation cases (take insurance companies to court if necessary)
  • Alabama on the job injuries
  • Evaluation for potential claims outside of workers’ comp act.
Frequently Asked Questions: Answers:
How much does it cost to hire an attorney?
How long will it take?
What is my case worth?
Do I have to go to court?
Do I have to prove fault?
Am I limited to only having a workers’
compensation claim?

Can I pick my own doctor?
Do I get any compensation while I am out of work?
Does compensation include pain and suffering?
What if I can’t go back to work?
Am I guaranteed a job to go back to?
What do MMI, PPI and FCE mean?
 
 

Workers Compensation - Birmingham, AL - The Law Offices Of Matthew J Meloun

Frequently Asked Questions: Answers:
How much does it cost to
hire an attorney?
There are no upfront costs.  You do not pay me anything unless I win your claim by trial or settlement.  You do not owe any fee or expenses unless I collect for you.  The initial consultation is free even if I decide not to take your case.  If I take your workers’ compensation claim my fee will be 15% of the recovery that I make for you.
 
How long will it take? The amount of time it will take to resolve your claim is dependent on many factors.  The amount of time that it will take you to recover from your injury is much as you can is the main factor. Another important factor is whether or not your claim will have to be litigated. Every case is different and your case will not be just like anyone else's.
 
What is my case worth? There are many factors that determine the value of your case.  The wages you earn, the severity of your injury, the nature of any permanent restrictions, and your ability to return to work will all play a part in determining the value of your claim.
 
Do I have to go to court? Some workers’ compensation claims settle before a lawsuit is filed.  Every workers' compensation case that results in a lump sum settlement requires either approval in the Circuit Court of Alabama or approval through an ombudsman. An ombudsman is an employee of the Department of Industrial Relations for the state of Alabama. They are empowered by the Alabama Workers' Compensation act to memorialize settlement agreements in workers’ compensation claims.
 
Do I have to prove fault? You do not have to prove fault. No one has to cause your injury by negligence or recklessness. A workers' compensation claim is established by showing that you were injured by accident while working in the line and scope of your employment that the injury arose out of and in the course of your employment. Occupational diseases are also compensable under the Alabama Workers’ Compensation act. Carpal tunnel syndrome is an example of an occupational disease.
 
Am I limited to only having a
workers’ compensation claim?
Every case will be fact dependent. Sometimes you may have claims that fall outside of the Alabama Workers' Compensation act. For example if your job is driving a truck and you are in your truck making a delivery and another truck hits you and you are injured, then you would have a workers’ compensation claim, and a tort claim against the other truck driver that hit you.  This is just one example of a claim that you may have that falls outside the Workers' Compensation act, but is in addition to your workers’ compensation claim.  Again no two cases are a like and your case will turn on its specific facts.
 
Can I pick my own doctor? Your employer or its insurance company has the right under the Workers' Compensation act to pick your doctor.  The doctor that they approve for you to go to is known as your approved treating physician.  Under the Workers' Compensation act, if you become dissatisfied with the approved treating physician you may request a panel of four doctors and you may select a new approved treating physician from that panel four doctors.  You can see a doctor of your own choice, but the company will not be liable to pay for that doctor's bill.
 
Do I get any compensation
while I am out of work?
When the approved treating physician has you out of work you are entitled to temporary total disability benefits, or TTD.  You are also entitled to TTD benefits if the approved treating physician returns you to work at modified duty that your employer is unable to accommodate.  If you are returned to work regular duty or if your employer can accommodate the work restrictions then your right to temporary total disability benefits terminates. Your employer may also stop paying TTD when you are placed at maximum medical improvement even if you have not been able to return to work.
 
Does compensation include
pain and suffering?
The Alabama Workers' Compensation act does not consider an injured worker's pain and suffering. Compensation is provided during the time that you are under a doctor's care and unable to work, for permanent injuries, and in some cases for your loss of earning capacity. Again, every case is different and the benefits that you are entitled to will be determined by the specific facts of your case.
 
What if I can’t go back to work? Under certain circumstances if your injury prevents you from being able to return to work, even after you have made as much of a recovery as you can, you may be entitled to compensation for your loss of
earning capacity.
 
Am I guaranteed a job
to go back to?
The Alabama Workers' Compensation act does not guarantee that your employer must hold a job for you. If you are unable to return to work because of the limitations you have from your on-the-job injury then you may be entitled to compensation for your loss of earning capacity. If you do return to work after your injury, but your employer fires you, you may be entitled to make a claim for retaliatory discharge.  Retaliatory discharge happens when you are fired simply because you have made a claim for workers' compensation benefits.
 

What do MMI, PPI and FCE mean?

MMI stands for maximum medical improvement. This determination is made by your approved treating physician. When you are placed at MMI this means that the doctor thinks that you have made as much recovery as you are going to make.

PPI stands for permanent physical impairment this is also known as a disability rating and this is something that your approved treating physician
will assign.

FCE stands for functional capacity evaluation. This is an evaluation done by a physical therapist or occupational therapist that is prescribed by your approved treating physician. It is an evaluative tool that your approved treating physician will use to help him determine your proper impairment rating and your proper work restrictions

Don’t wait another day, the sooner you call me the quicker I can get you the recovery you deserve. Call 205-942-3157 and speak directly with me now!

Disclaimer: The information contained herein should not be construed as legal advice or legal opinion on any specific facts or circumstances. You are urged to consult an attorney concerning your own situation on any specific legal questions you may have. This website is not a privileged communication and does not create a lawyer/client relationship. The Alabama State Bar requires the following: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

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