Detailed Answer
Disclaimer: This article provides general information and does not constitute legal advice.
If accident-related injuries prevent you from working in Alabama, you have several options to recover lost wages. Below is an overview of each method and key statutes.
1. Workers’ Compensation
If you were injured on the job, Alabama’s Workers’ Compensation Act requires your employer’s insurer to pay two-thirds of your average weekly earnings, subject to statutory limits. See Ala. Code § 25-5-57. Benefits continue until you return to work or reach maximum medical improvement.
2. Personal Injury Lawsuit Against Third Parties
If another party’s negligence caused your injuries—such as a car accident—you may sue for economic damages, including both past and future lost wages under Ala. Code § 6-5-460. To prove lost earnings, gather pay stubs, tax returns, and employer affidavits documenting income before and after the injury.
3. Disability Insurance and Federal Benefits
Review any short-term or long-term disability policies provided by your employer or purchased privately. If your injury prevents you from working for at least 12 months, you may also apply for Social Security Disability Insurance (SSDI) through the Social Security Administration.
4. Unemployment and Other State Programs
If you are able and available to work but cannot return to your previous role immediately, you may qualify for unemployment benefits through the Alabama Department of Labor. Veterans should explore U.S. Department of Veterans Affairs disability compensation if service-connected injuries contribute to lost wages.
Helpful Hints
- Report workplace injuries promptly and file a claim within two years under Ala. Code § 25-5-80.
- Keep detailed records of wages lost, medical treatment, and correspondence with insurers.
- Review policy documents to understand coverage limits, benefit amounts, and waiting periods.
- Meet the two-year statute of limitations for personal injury claims under Ala. Code § 6-2-38.
- Consider vocational rehabilitation benefits if you cannot return to your previous job.
- Consult a qualified attorney to navigate complex claims and negotiate with insurance companies.