The Nomberg Law Firm

Friday, February 12, 2021

CAN I FILE BANKRUPTCY TO STOP A GARNISHMENT?

can i file bankruptcy to prevent wage garnishment

One of the most difficult forms of debt collection to overcome is wage garnishment. Creditors, such as credit cards and medical bill collectors, can often take up to 25% of your net pay. Debts owed to taxing authorities, such as the IRS, may result in even more being deducted. If you are living paycheck to paycheck, a wage garnishment can ruin your family budget.

A garnishment works like this: The Creditor will file a Process of Garnishment with the court where it has obtained a judgment against you. The court will then serve the Process of Garnishment on your employer or your local bank depending on where the Creditor believes it can get the most money. After your employer or bank is served, you will receive notice of the garnishment giving you an opportunity within 30 days to claim an exemption or file an objection to the garnishment with the court.

Your employer is required to start deducting up to 25% from your wages and send the money to the court. The Clerk of Court holds the money until the funds are condemned by the Creditor. The Creditor must file a Motion to Condemn the funds before they are paid from the Court to the Creditor.

This is where bankruptcy can provide you the relief that you so desperately need. The bankruptcy code provides a powerful tool called the “Automatic Stay” which stops the garnishment cold in its tracks. Once a bankruptcy petition is filed, the automatic stay goes into effect and requires creditors to cease any further collection efforts on the debt.

WHEN DOES THE STAY APPLY?

The stay takes effect as soon as a Voluntary Petition is filed. When filed, a notice is sent to all creditors, informing them of the stay. The notice is usually sent out within a day or two of filing. Rather than waiting, a copy of the notice can usually be obtained from the court docket on the date of filing. It can then be hand-delivered, faxed, or electronically delivered to the creditor. Since an employee’s wages are being garnished, a copy should go to the employer’s HR department. The sooner this is done, the sooner the garnishment can be stopped.

CAN I GET MY MONEY BACK FROM THE COURT?

If you file bankruptcy before the funds are condemned by the Creditor, the Clerk of Court will return the money to your employer, who will pay the money back to you. This is why the timing of your bankruptcy is so important. Once the funds are paid to the Creditor, the funds are no longer property that you can retrieve just by filing for bankruptcy protection.

If the Creditor attempts to garnish your bank account, the funds in the account will be frozen on the date that the garnishment is received by the bank. A garnishment sent to your bank is considered a “one-time” garnishment, meaning it does not automatically continue like a wage garnishment. Once the money is sent from the bank to the court, the bank is no longer obligated to continue sending money to the court. The Creditor would need to serve another Process of Garnishment on your bank to have it freeze any future funds that you deposit in the bank account. Filing for bankruptcy will stop the garnishment and force the bank to release the funds in the bank account to you.

WHEN DOES THE STAY NOT APPLY?

The stay does not apply to domestic support obligations, i.e. child support and alimony payments. If a wage withholding order is in effect for either of these obligations, the bankruptcy court will not stay the order, and the support will continue to be deducted from your wages.

If you had two previous bankruptcy cases dismissed within a year of commencing the present case, the stay will not be automatic. Thus, garnishment could continue. However, you may file a motion with the court to impose the automatic stay if you can prove that your current bankruptcy case was filed in good faith.

If you are struggling to pay your debts and concerned about the future welfare for you and your family, it is important that you seek the advice of a bankruptcy lawyer to ensure that your assets are protected and the debts you seek to eliminate are dischargeable. Our attorneys have been assisting consumers and business owners with bankruptcy matters for over 25 years. If you are considering filing for bankruptcy, please consider contacting the Nomberg Law Firm. Our office number is 205-395-0532.

Steven D. Altmann has been a lawyer for more than 25 years. Steve has earned an AV rating from Martindale-Hubbell’s peer-review rating and was recently named a Super Lawyer and Top Attorney by Birmingham Magazine in the area of Bankruptcy Law.

We are a Federal Debt Relief Agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/can-i-file-bankruptcy-to-stop-garnishment/

Wednesday, February 3, 2021

LESSONS LEARNED ALONG THE WAY—REFLECTIONS OF A THIRD YEAR LAW STUDENT

picture of a courthouse and lady justice statue

Entering the world of law seems a daunting task for us mere mortals just making our start in the industry. Television shows, books, and movies memorialize the law field and the powerhouses that fill it. We see men and women command courtrooms with gravitas and the right amount of drama. Last-minute strokes of genius inspire newbie associates to find the hidden clause in a contract and bring the client victory. A lost witness comes forward at the close of a trial to win over the jury and seal the guilty verdict. While these images are awe-inspiring, they tend to make setting foot in the actual field seem an insurmountable goal and the giants that have already “made it” cast shadows over the hopes of first-year students.

As a soon-to-be graduate and newly minted lawyer myself, I have felt the trepidation that walks hand-in-hand with striking out on a specific career path. Nothing compares to the bewildering newness and overwhelming deluge of information packed onto your plate in those early days. It seems like the start of every class is actually the middle of the semester and everyone knows what is happening except for you. Reading lists are distributed a week before classes start and you should be five chapters into every book before day one even dawns. Oh, and you should have at least an intermediate level understanding of Latin and finding cases in the stratosphere of law databases. All in a single day’s work, right?

I fell into that trap myself, thinking I should have it all figured out while I whipped through assignments at warp speed. But standing on the precipice that is the end of school and the beginning of everything that comes next, I can see what law school was really meant to be. Law school is a boot camp not just for the mind but for your character. The pace and volume of material, while torturous at the time, was not meant to drill into my head that I was inadequate, it was a reminder that lawyers are responsible for the burdens of clients.

What those courtroom dramas and glamorized shows got right was the importance of the job. People turn to lawyers to find someone who will stand up for them when they cannot fight on their own. Law students are not given a break because the world does not take a break. There will always be something new to address, some new wrong to be righted. The three years spent in libraries, classrooms, and intern cubicles is transformative. Stripped away is the fear of failure because of all that is still unknown. What remains is the drive and determination to armor ourselves with knowledge and the skills necessary to bring justice to any situation. Because that is what learning the law is truly about. Not the admiration of juries or awards adorning walls, it is the license to stand in the gap for people and be their advocate.

Alexa Wallace is currently a third-year law student at Samford’s Cumberland School of Law, where she is the Research and Writing Editor of the American Journal of Trial Advocacy and Associate Justice of the Henry Upson Sims Moot Court Board. Wallace holds a master’s degree in applied cognition and neuroscience from the University of Texas at Dallas as well as a bachelor’s degree in psychology from Lee University. None of this would have been accomplished without the existence of croissants.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/reflections-of-third-year-law-student/

Thursday, January 21, 2021

IS THE END REALLY THE END? THE TRUTH ABOUT REOPENING YOUR WORKERS’ COMPENSATION CASE

photo of a worker injured on the job [1]

Finally finding a resolution to your workers’ compensation claim is the main goal of most every injured employee. It is far from easy to be in pain and navigate the whirlwind of paperwork and doctors’ visits that go along with an objectively tedious and trying time. So, once a claim has concluded, money has been awarded, and you, as the employee, attempt to wade back into your duties at work mindful of the injury that took you away, to begin with, why should you bother wondering if you should reopen your claim?

To illustrate why this option could be of importance to you, consider this example. Suppose there is an employee working on a job site, and one of his duties involves climbing up and down ladders. The employee has been properly trained and is following all the safety protocols mandated by his employer. One day, this employee falls while climbing the ladder and suffers a significant injury to his back. The employee undergoes surgery and physical therapy, all covered by his workers’ compensation settlement with his employer. Eventually, the employee returns to work, yet he is unable to perform his previous duties. The employee then loses his job for a reason that does not include a “labor dispute,” voluntary resignation, dishonest or criminal act, actual or threatened misconduct after a previous warning from his employer, or a lapsed vocational license. This employee is then able to reopen his workers’ compensation case to obtain a reconsideration of his permanent partial disability rating.

Had the employee worked in a different state, the same conclusion to the story might not be written. However, the state of Alabama allows for workers’ compensation claims to be reopened if the employee is terminated any time within 300 weeks of his injury. This means that regardless of a previously concluded claim, an employee may reopen his case within two years of the termination in order for his rating to be reconsidered, so long as his termination does not fall within one of the five exceptions mentioned in the example above.[2]

A change for the worst in your employment status after attempting to return to work is not something you have to endure without complaint. Even after a successful claim for injury compensation, as an employee in Alabama, you are entitled to further compensation in certain cases after termination. Contact a workers’ compensation lawyer to learn if your claim meets this standard.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers. If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

[1] https://www.coloradolaw.net/practice-area/workers-compensation/how-long-does-workers-comp-take-to-settle/.

[2]Ala. Code § 25-5-57(a)(3)(i) (2020).

Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2019, Bernard was named a Super Lawyer for the 7th year in a row.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/the-truth-about-reopening-your-workers-compensation-case/

Wednesday, December 30, 2020

DISTRESS SIGNALS THAT YOUR BUSINESS IS IN TROUBLE

dude distressed during 2020 As anyone who has ever started their own business will attest, there is a huge financial risk involved. Typically, small business owners invest their own money, or they will seek a bank or SBA loan to provide start-up capital for the business. On the other side of the risk involved, are the substantial rewards that many entrepreneurs seek when starting a new business. They get to be in control of their work environment, set their own work/life balance and reap the financial rewards that often come from being able to manage their own company.

But what are small business owners supposed to do when revenues are down, and their expenses are going up from having to change their operations in the middle of a worldwide pandemic? The key to survival during these difficult economic times, is being able to identify the signs of financial distress and to determine whether the company can manage its business without having to file bankruptcy.

CASH FLOW or LIQUIDITY

Obviously, if the company runs out of cash, then it will be difficult to continue to operate. So, it is imperative for business owners to monitor their income statement to ensure that the company is operating in a positive cash position each month. If cash flow is negative for a sustained period, it usually means that the owners or shareholders will have to invest more of their money or borrow on a line of credit to keep operating.

If a company is liquid, it has enough assets in cash to make payroll and pay immediate bills. If a company is unsure if it will have enough cash to operate 30 days out, then that is one of the distress signals that may lead the owners to consider alternative measures to generate cash, such as liquidating inventory or factoring receivables.

DECLINE IN REVENUES

Poor sales growth could indicate a lack of consumer acceptance of the company’s product or services. If sales are slow, then the company may be forced to sell its product or service at a loss to sustain its business. Reviewing a profit and loss statement each month will show sales revenues and enable a company to chart whether sales are growing or declining.

POOR PROFIT MARGIN

Poor profits are usually the first sign that the business is not doing well. If the profit margin is low or declining each month, then that means the business expenses are too high or the company’s sales are poor. When a business struggles to earn profit, business owners will often have to ask themselves whether it is worth continuing to funnel more of their own money into the business just to make ends meet. If a company is forced to raise money externally, it will raise its business risk and lower its creditworthiness with creditors, suppliers, investors, and banks, eventually limiting access to outside funding.

DEFAULTING ON PAYMENTS OR EXTENDING PAYMENTS

If a business is delinquent on payments or has to continually ask for more time to make payments, it hurts the company’s reputation and suppliers, or other critical vendors could force the company to change its payment terms to cash-on-delivery (COD). Trying to do business on COD will put extra pressure on the company’s cash flow.

Also, if the company is having to extend longer payment terms to its customers for its receivables, the business will likely start to feel the cash crunch as well. Customers who are paying slowly should be notified immediately, particularly when the company depends significantly upon one or two major customers. In this situation, the risk of financial distress becomes even greater.

ADVERSE COMMUNICATION FROM BANK OR LENDER

Falling behind on payments with a secured lender or bank will usually result in diminishing the relationship and good will that the company developed when the loan was initiated. The lender may ask for additional security or personal guarantees of related third parties when the company seeks additional funding. Keeping open lines of communication is paramount to furthering the company’s banking relationship and enhancing its opportunities for additional financing during times of financial distress. If the secured lender sends a notice of default, it usually means that communication has eroded, and the company will have to look for other avenues to bring the lender current.

EMPLOYEE TURNOVER

Changes in senior management and in employee turnover tend to be an early warning sign that a business is in trouble. Each industry will have specific challenges, so business owners will need to monitor employee turnover to determine if the layoffs are tied to financial cutbacks or some other strategic reason. The bottom line is that businesses in financial distress are rarely happy, which means employee moral may be low and upper management may be on edge and stressed about job performance.

If a significant division of the company decides to leave or join a competitor, the company will need to reassess its profitability and whether it can sustain the loss of key employees or find others who can step into their roles within the company. Either way, employee turnover is a signal of financial distress.

CHANGES IN THE MARKET

Small businesses need to be watching for any downturn in the economy. It is not always as easy to see as a worldwide pandemic. But, losing a critical customer or a principal supplier can adversely affect company sales. Any of these factors combined with the appearance of a strong competitor or an unexpected shift in consumer spending habits could put serious pressure on a company’s revenues and profitability.

SOLVENCY

One of the key measures of a company’s viability is its solvency. A business is solvent if it has enough assets to cover its liabilities. Solvency is measured with a business ratio called the “current ratio’ that compares current assets (receivables, supplies and inventory) to current liabilities (taxes, payroll and monthly debt service). The “current ratio” is supposed to be 2:1, meaning the value of a company’s current assets should be twice as much as its current liabilities. If a company can maintain this ratio, it can handle emergencies and pay its bills over a short period of time. Failure to maintain this ratio will likely lead a company into financial distress.

While it may seem obvious to measure financial distress by a lack of cash to operate the business, many warning signs are present well before a company is forced to shut its doors. Once a company finds itself in financial distress, it should develop a proper course of action to address the issues at hand.

We are a Federal Debt Relief Agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/distress-signals-that-your-business-is-in-trouble/

Tuesday, December 1, 2020

CAN I AVOID A JUDGMENT LIEN THROUGH BANKRUPTCY?

lien definition

A LIEN is one of the more contentious and difficult concepts to understand in the world of Bankruptcy.

The legal term LIEN refers to a form of security interest granted over an item to ensure that the owner of that item pays their debt. The process of putting a lien on someone’s property (most often their house) can be done in several ways. The first way is where you take out a loan to purchase an item and you sign something saying that you agree that they have a security interest in the item. This is called a PURCHASE MONEY LIEN. A good example of this is a car title loan. The Bank lends you the money and in return, you agree to give them a lien on the title to the car. On the other hand, if you borrow money and give the lender the title to your car or pledge other assets of yours as collateral for the loan, you are giving them a NON-POSSESSORY NON-PURCHASE MONEY LIEN. This means, the lender has a lien in the property that you continue to possess, but the lender did not finance your purchase of this property.

Another way a creditor can get a lien on the property is by filing a lawsuit against you, obtaining a court order and recording it with the probate office of the county in which you reside. This is called a JUDGMENT LIEN. The fourth type of lien is called a STATUTORY LIEN. Some examples of a statutory lien are tax lien, mechanic’s or contractor’s lien, landlord’s lien or hospital lien. There are specific Federal or State statutes that govern how these liens are created and who can claim them to secure the payment of debt.

Bankruptcy law treats creditors who have liens differently than other creditors. Creditors who have a lien are “secured creditors”. In most cases, creditors’ liens are not affected by bankruptcy. In other words, the liens survive bankruptcy. So, if you have a home that is secured by a mortgage, you can bankrupt against the underlying promissory note and not pay anything else owed on the note. However, the mortgage still attaches to your house. So, if you don’t continue to make your mortgage payments, the mortgage lender can foreclose on the lien and take your property. The same thing goes for your car.

With most purchase money or consensual liens, you either want to keep the collateral or surrender it to the lender. If you surrender the property, then most likely, you will not owe anything else to the lender. If you want to keep the property, you will want to enter into a Reaffirmation Agreement with the lender saying that you will continue to make the contractual monthly payments and be responsible for the balance owed to them.

The contentious aspect of liens comes more into play with judgment liens. This is usually true because in most instances, you disputed the debt before it ultimately became a judgment. One of the most powerful tools of bankruptcy is that you have an opportunity to avoid judgment liens and keep them from attaching to your property.

HOW CAN I AVOID A JUDGMENT LIEN?

presentation of judgment lien

The keys to being able to avoid a judgment lien are knowing when the judgment lien was recorded and determining the value of the property to which the judgment lien would attach.

To be effective against someone who files for bankruptcy, a judgment lien must be filed more than 90 days before the bankruptcy case was filed. Judgment liens filed within 90 days before the bankruptcy is filed are subject to being avoided as to the full amount of the judgment regardless of the value of the property.

If the judgment is recorded more than 90 days before the bankruptcy was filed, you can file a Motion with the Bankruptcy Court asking the Court to avoid the judgment lien as to property that you own if the lien impairs your exemption in that property. For example, let’s say someone has a judgment against you for $100,000 and you own a house in Alabama that is valued at $50,000. If you can claim your homestead exemption of $15,500, this only leaves $34,500 of value in the property for the judgment lien to attach to. So, you can bankrupt on the underlying debt and eliminate $65,500 from the value of the judgment lien against your home. But, if you want to remove the judgment lien from your home, you will need to make arrangements to pay the creditor something to satisfy the balance of the judgment.

The lien concept is a very complicated one. It is important that you discuss these things with an experienced bankruptcy attorney who knows how to deal with liens in your bankruptcy case.

If you are struggling to pay your debts and concerned about the future welfare of you and your family, it is important that you seek the advice of a bankruptcy lawyer to ensure that your assets are protected and the debts you seek to eliminate are dischargeable. Our attorneys have been assisting consumers and business owners with bankruptcy matters for over 25 years. If you are considering filing for bankruptcy, please consider contacting the Nomberg Law Firm. Our office number is 205-395-0532.

We are a Federal Debt Relief Agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/can-i-avoid-a-judgment-lien-through-bankruptcy/

Tuesday, November 17, 2020

ARE INJURED NFL PLAYERS ENTITLED TO WORKERS’ COMPENSATION BENEFITS?

dallas cowboys star [1]

On any given Sunday, millions of American television screens are streaming an NFL football game. In the midst of all the cheering and adrenaline, the last thing on the minds of viewers is whether their favorite player gets workers’ compensation benefits if they are injured during the game. Yet, this likelihood is exactly what happened a few weeks ago to Dallas Cowboys’ quarterback Dak Prescott. In a horrific play, the QB suffered a compound fracture and dislocation of his right ankle, an injury that will put him on the sidelines for the duration of the season. To add insult to the injury, Prescott’s contract runs dry at the end of the season. So, if he hopes to earn another sizeable check come the 2021 season and maintain his starting status, Prescott will have to prove he’s healed his injury and capable of playing at his best.[2]

The long road back to recovery for Prescott includes surgery, doctor’s visits, and rehabilitation, a journey that might sound familiar to those who have been injured on the job. While the day-to-day activities of those that work the nine to five life might not seem to have much overlap with that of a professional athlete, when it comes to injuries, life is more similar than it would appear at first. Professional sports players make claims for workers’ compensation benefits and are bound by the same laws just like employees who work in manufacturing or retail. While some might argue that playing professional football comes with the risk of injury and, therefore, the players waive their right to be compensated for the inevitable injuries, professional football players are eligible for workers’ compensation benefits too.

For example, three players for the Cleveland Browns successfully pled their case for workers’ compensation benefits in Greco v. Cleveland Browns Football Co., LLC. The three football players were treated by two doctors hired by the team. Because the physicians acted as in-house doctors and were paid directly by the Browns, an employer-employee relationship was created between the Browns and the doctors, which meant that the players could file a claim for workers’ compensation beyond the two-year limit for filing a claim. As such, their claims were affirmed and deemed entitled to compensation.[3]

This entitlement does not mean that workers’ compensation insurance policies are shelling out millions of dollars to cover the injured player’s contract. Players are still bound by the laws of the state in which they play. This means that those that play and are injured in states like Illinois and Texas are capped at the same statutory amounts as employees, $55,971 annually in Illinois and $971 weekly in Texas. However, most workers’ compensation paid to the players ends up being a one-time, lump-sum payment, which, coincidentally, also precludes a player from suing the team once he accepts the payment.[4]

Whether you make millions of dollars as a professional football player or not, both NFL players and injured workers should obtain legal representation to make sure their injuries are fully compensated. We certainly wish Dak the best and hope that he makes a full recovery!

[1] https://heavy.com/sports/2019/10/cowboys-dak-prescott-injury-fear-nfl-officials/

[2] https://www.cnn.com/2020/10/14/sport/dak-prescott-injury-contract-implications-spt-intl/index.html.

[3] https://www.businessinsurance.com/article/20201005/NEWS08/912337013/Cleveland-Browns-players-entitled-to-comp-for-injuries-NFL-Greco-v-Cleveland-Br.

[4] https://www.forbes.com/sites/legalnewsline/2018/03/20/life-after-the-chicago-bears-ex-players-have-collected-13m-in-workers-comp/?sh=1de2c752d97e; https://www.tdi.texas.gov/wc/employee/maxminbens.html.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/are-injured-nfl-players-entitled-to-workers-compensation-benefits/

Tuesday, November 3, 2020

COMMON MISTAKES TO AVOID WHEN FILING A WORKERS’ COMPENSATION CLAIM

photo of an injured manual worker on the job being consoled by a fellow worker, both wearing hard hats [1]

If you have been injured on the job, the first thing on your to-do list is to report your injury followed by have your injury treated. The last thing on that list, and probably not even a thought to be put on your list at all, is ensuring you avoid the common pitfalls a fair percentage of workers’ compensation claims fall prey to. The world of accessing workers’ compensation benefits is not as straight forward as one would hope. There are deadlines, rules, and procedures that cannot be avoided or worked around in order to have a successful claim. While this article is by no means an exhaustive list, it is the injured employee’s guiding light to cast the spotlight on the four ways to avoid the most common mistakes incurred when beginning to file a workers’ compensation claim.

Report your injury as soon as possible to your employer.

To even have a chance of obtaining benefits from a workers’ compensation claim, the most important thing you must do as an employee is to report the incident to your employer. In Alabama, you have five days after the incident occurs to report the accident to your employer.[2] You also have 90 days from the accident to report but it must be in writing if after 5 days. It is best to give notice as soon as possible.

Be truthful and fully disclose the events that led up to the accident and the extent of your injuries immediately following. By completely disclosing the truthful events of the incident, you will make your claims process easier because a representative of the employer’s workers’ compensation insurance company will not be able to deny your claim based on inconsistent facts if further investigation is conducted regarding the accident. The most efficient way to safeguard this disclosure of the accident is to submit the incident report in writing to your immediate supervisor and employer.

Seek the treatment of approved healthcare providers.

Workers’ compensation was created to treat injuries incurred while on the job. While this is important for your own recovery, it is critical to the success of your claim. If you do not seek treatment from a doctor, you are dismissing your own claim. Further, while it is acceptable to see your own doctor, it is imperative to see a healthcare provider approved by your employer. It is the report of this employer-approved healthcare provider that will be used to support your claim for compensation. So, treat with a doctor-approved by your employer or the workers’ compensation carrier.

Follow the instructions of your approved healthcare provider.

Following the instructions given to you by your approved healthcare provider includes attending the appointments to meet with your doctor, attending rehabilitation sessions, and adhering to the recovery plan created for your injury. Be on time and attend all appointments. Your doctor’s reports are included as supplemental records in your workers’ compensation claim. Failure to follow through with the recovery process created will be noted in your claims process and could result in the discontinuation of your benefits or dismissal of your claim.

Reach out to/hire an experienced workers’ compensation lawyer.

While this might seem an obvious mistake to avoid, it is important to consider the timing in which you contact a lawyer. Seeking the advice of legal counsel soon after your injury, and before filing a claim, could mean the difference between having your claim approved and having to appeal a denial of your claim. Workers’ compensation can seem murky ground to tread for an employee that has never been injured on the job and is only now beginning to make his way through the maze of requirements to have a successful claim.

A workers’ compensation attorney is well-practiced in the art of guiding claims through the nuances required to get your benefits. An attorney is available to offer advice on what to say to investigators sent by the employer who wants to reduce the benefits the employer’s insurance policy will have to pay you, and the attorney will know how to obtain the most favorable outcome for your specific case, which may include a claim for compensation against a third party as well. The earlier you get an attorney involved, the earlier you will be able to have the help and advice of someone that knows the law and is looking out for you.

[1] https://amtrustfinancial.com/blog/small-business/how-to-file-a-workers-compensation-claim.

[2] https://www.lawinfo.com/resources/workers-compensation/alabama/.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/common-mistakes-to-avoid-when-filing-a-workers-compensation-claim/