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Cullman County’s Local Legal Team

Can I sue my boss after a work injury?

On Behalf of | Sep 12, 2022 | Personal Injury

If you were injured on the job in the state of Alabama, you cannot sue your employer. Work injuries are common, and the only way you can receive medical care and payments after suffering a work related injury is by filing a worker’s compensation claim.

What is worker’s compensation, and how do I qualify?

Worker’s compensation is a type of insurance your employer pays to cover medical expenses, paid time off and other benefits you may require after a work injury. If your employer offers a worker’s compensation package and you get hurt on the job, you are automatically eligible to file a claim, as long as you did not waive your right to receive worker’s compensation when you were hired. It’s best to file a work injuries claim as soon as possible, because the insurance company might deny your claim if you let too much time pass after your work injury.

What do I need to file a claim?

When it comes to proving your worker’s compensation case, there are some things you will need. Medical evidence and witness testimonies necessary to help prove your claim. You should also have a statement that clearly describes the incident. You’ll have to attend a workers compensation hearing, and you will have to present this information at the hearing. Gather as much information as possible about the incident and any medical cost you incurred to ensure that you’re prepared.

Can I get fired after filing a worker’s compensation claim?

It is illegal for your employer to fire you for this reason, but it’s not uncommon for an employer to get upset about an employee’s decision to file a worker’s compensation claim. The employer’s insurance premium may increase due to this claim, especially if the injury requires expensive medical treatments and long-term payments. A small employer with limited funds might not be happy about this. Your employer might also decide to replace you during your recovery period. This happens frequently, since employers must keep up with day-to-day operations. However, it’s also common for employees to return to work and remain on good terms with their employers after recovering from a work-related injury.