I was involved in an accident with my work truck. Am I covered under workers’ compensation in the state of Alabama?
In most cases, yes, your employer should cover you for workers’ compensation if you were injured in an accident while on the clock. An accident is defined as “an unexpected or unforeseen event happening suddenly and violently with or without human fault producing, at the same time, injury to the physical structure of the body or damage to an artificial member of the body by accidental means” according to the Alabama Department of Labor.
Therefore, if you were fulfilling your work-related duties and were involved in a truck accident caused by another driver in the city of Tuscaloosa, AL, you should be provided with the necessary workers’ compensation benefits. The Alabama Workers’ Compensation Law covers most employers who have five or more employees working for them. You may also be covered if you were partially at-fault for the accident, however, you will want to confirm this with your employer and even possibly with one of our accident lawyers in Tuscaloosa, AL.
There are times, however, where your employer may deny you workers’ compensation benefits. The following are circumstances that would cause your employer to deny your work accident claim:
- The accident was caused by willful misconduct displayed by you. So, if you were driving while intoxicated or texting on your cell phone, you run the risk of not receiving the benefits you are looking to collect for your work accident.
- You intended to bring upon injury to yourself or another. If this is the case and you are the surviving dependents of the employee looking to collect death benefits, they may not be awarded if your loved one contributed to his/her own death.
- You failed to use the safety appliances provided by your employer which ultimately led you to engage in an accident. While this might not apply to a truck accident, it is important to be aware that if you ever become injured at work. If you don’t take the safety precautions your employer advised you to take and you get hurt, this will prevent you from receiving workers’ compensation benefits.
- You refused or neglected to perform a statutory duty.
- There was a “willful breach of a reasonable rule or regulation of the employer, of which rule or regulation the employee has knowledge.”
How are workers’ compensation benefits calculated in Alabama?
You will need to multiply your weekly average earnings prior to the accident transpiring by 50% if you have one dependent. If you have two or more dependent, you will multiply your average weekly earnings by 66 2/3%.
Before assuming you qualify for workers’ compensation, be sure to discuss your accident with your employer first. If you have legal questions about your workers’ compensation benefits, need legal representation, or want to schedule a free case review, contact USAttorneys.com today. our agents can have you paired up with one of the best Tuscaloosa, AL accident attorneys in no time.