Wednesday, December 8, 2021

WHAT IS OSHA AND WHAT IS ITS ROLE IN MY WORKERS’ COMPENSATION CLAIM?

workers on the job adhering to safety standards

OSHA plays an important role in establishing safe and healthy working environments for employees. Workers’ compensation provides payment for medical expenses, compensation, and rehabilitation costs to employees who are injured in the course and scope of their job. Although both are concerned with the interests and well-being of employees, the two are distinct programs that can become intertwined and confused.

What is OSHA?

OSHA, the Occupational Safety and Health Administration, is the federal agency responsible for protecting the health and safety of workers in the United States. This administrative agency was created by Congress in 1971 after the passing of the Occupational Safety and Health Act of 1970 with the goal of establishing workplace standards throughout the country. Since the passing of this act, OSHA standards have significantly reduced overall injuries and illness rates for workers. OSHA has extended coverage to almost all private-sector employers, and even some public sector employers. While it doesn’t cover self-employed workers, OSHA reaches all 50 states with varying State-Plans that comply with, or enhance, the regulations imposed by the Federal standards.

What is OSHA’s Role in the Workplace?

OSHA sets requirements based on extensive research of specific workplaces to establish accurate and beneficial standards for employees. The administration provides training, equipment, and explanations of procedures to encourage compliance from employers. In addition, OSHA enforces misconduct in the workplace through issuing fines and even sometimes criminal prosecution referrals for serious violations. By creating and enforcing these standards, OSHA provides an efficient and fair standard for different workplaces that protect workers’ overall health and safety in their respective environments.

How Does a Violation of OSHA Standards Impact My Workers’ Compensation Claim?

Although both programs govern the interest of employees, OSHA and workers’ compensation are two different programs altogether. OSHA focuses on workplace safety, while workers’ compensation concentrates on an employee’s right to receive medical care or compensation because of a workplace injury. While violating OSHA standards might make a workplace unsafe, a violation of an OSHA standard by your employer will not allow a harmed worker to receive additional compensation or impair their ability to receive compensation. Typically, an injured worker is entitled only to benefits required by law, and therefore an employer has limited liability. If the injury occurred from an OSHA violation by a party other than your employer, this violation could be used as evidence in a personal injury suit in addition to your workers’ compensation claim against your employer. OSHA violations and workers’ compensation claims don’t directly impact one another, but rather are separate programs that protect workers’ interests in different ways.

Should I Still Report OSHA Violations at My Workplace?

It will still be beneficial to report OSHA violations to your employer to help avoid injuries and improve your place of work. If you notice an OSHA violation, reporting this condition to your employer can give an opportunity to fix this issue. In line with the goals of OSHA, reporting violations can result in a healthier and more safe work environment.

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.


Bernard D. Nomberg has been a lawyer for more than 25 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2021, Bernard was named a Super Lawyer for the 9th year in a row.

 



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/what-is-osha-and-what-is-its-role-in-my-workers-compensation-claim/

Friday, October 8, 2021

DECLARING BANKRUPTCY IN THE AGE OF COVID

The Covid-19 pandemic has caused a financial pandemic, similar to what the world experienced during the Spanish Flu of 1918. The implementation of lockdowns and other movement restrictions have compromised people’s ability to earn a living.

Many financial experts predicted that the number of bankruptcies would increase significantly this year. The increasing trend would be due to the many constraints that Covid-19 brought to the economy including an increase in unemployment.

A report earlier this year showed the average unemployment rate tripled from 3.6 percent to 13.0 percent in 2020.   However, the damage was mostly felt at the lower end of the labor market, as the majority of jobs lost were occupied by workers in the bottom quartile of wage earners, according to a report by the Economic Policy Institute.

Those are the kinds of jobs offered by the hard-hit hospitality and restaurant industries, where many companies and businesses are simply closing their doors rather than filing for bankruptcy or seeking a capital infusion to work out settlements with their creditors.

A recent report showed that the number of bankruptcies in the U.S. declined by over 25%. The decrease in bankruptcy filings is contrary to modern-day financial market patterns. Usually, the filing of bankruptcies in this country increase relative to economic issues like high unemployment rates

However, things are quite different during the Covid-19 pandemic.  There are moratoriums prohibiting foreclosures and evictions.  There have been various rounds of PPP loans and stimulus money checks from the U.S. Government in an attempt to offset the financial hardship felt by Americans.

Reasons Behind the Decrease in Bankruptcy Filings

Financial experts have attributed the decrease in bankruptcy filings to various issues, depending on the individual’s economic capabilities and awareness level in maintaining such financial obligations.  Federal stimulus money, forbearance from lenders and reduced collection actions, have been crucial in keeping many families and businesses afloat during the pandemic.

The Stimulus Checks

The U.S. government recently implemented the Federal Stimulus Package, which helped address the needs of businesses, taxpayers, business organizations, and other individual to adjust to the pandemic.  Stimulus checks have helped further the economy as consumers have more money to spend, but these solutions have limited timespans. When the government stops handing out money, Americans may find themselves unable to pay their debt and look to bankruptcy to solve their problems.

The Foreclosure and Eviction Moratorium

The extension of the CARES Act addressed the needs of tenants who are living paycheck to paycheck from the foreclosure or eviction from their home or apartment arising from non-payment of rent.

Landlords cannot evict a tenant if the property contains more than five units and the landlord has received a forbearance on the mortgage. Once the forbearance duration ends, the landlord must give a 30-day notice of default to the tenants.

The question is how long will the moratorium remain in effect?  Once the moratorium is lifted, consumers who face the threat of losing their home or residence may have to find sanctum in the bankruptcy court system.

Reduction in Debt Collection Actions

From the onset of the Covid-19, debt collectors in the country have made significant changes to their debt collection strategies.  Individual states have put a temporary halt on debt collection in a few ways. Some state authorities have limited the seizure or garnishment of stimulus checks. Some have banned garnishment altogether. And in others, the court systems have been suspended, so no new court orders or writs can be issued. However, bear in mind that if there is an existing court order against you, this could still be enforced in these states.

Once debt collection agencies ramp up their collection efforts again, consumers who are unable to work out reasonable settlements of their debt will again look to bankruptcy for their fresh start.

What Should You Do If You Think You Need To File For Bankruptcy?

Before filing for bankruptcy, you should consider that the process is a massive step in managing finances. It’s a procedure that will force you to organize your finances and ultimately relieve your financial stress.  However, Bankruptcy stays on your credit for seven years for a Chapter 13 and ten years for a Chapter 7.

Your credit rating will likely decrease during this time, which can make it difficult to access financial help. If you think you need to file for Bankruptcy, consider doing the following things first:

Get in Touch With Lenders

You should contact lenders if you face the risk of missing payments. Your lenders might provide you with better solutions during these times of hardship.

Your lender might allow you to delay or make a customized payment plan for your needs. Some lenders might also waive fees or interest. Getting in touch with your lenders may also help you avoid a negative rating on your credit report.

Consult with a Financial Professional

A professional financial consultation can help you solve many of your financial problems. It may seem like an unnecessary cost, but often times, a one-hour meeting with a bankruptcy attorney can help you plan for your future and save you thousands of dollars.

Such financial professionals have the technical know-how and experience to help you stay organized. However, they need you to be transparent about your personal livelihood.  They use such information to assess the risk that you face and to recommend suitable solutions for your needs.

You should be ready to discuss personal details such as your financial assets, income, and expenses so they can assess your current economic situation and offer a viable solution.

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/declaring-bankruptcy-in-the-age-of-covid/

Thursday, June 24, 2021

HOW DO I KNOW IF I QUALIFY FOR CHAPTER 7 BANKRUPTCY? – TAKE THE MEANS TEST

upclose photo of a calculator for a bankruptcy means test for chapter 7

If you are contemplating filing for bankruptcy, you have probably suffered a tragic event in your life.  Possibly a serious injury to you or your spouse, loss of a job, or closure of your business.  You may find yourself incurring a significant amount of debt, through no fault of your own.  The need to survive and to put food on the table for your family may require you to use credit cards or borrow money that you hope to be able to repay at some future date.

If you find yourself in this unenviable position, you may decide that filing for bankruptcy is your best option.  But, how do you know if you qualify for bankruptcy?    You should first speak with a bankruptcy attorney who can help you navigate the formula of the Means Test.

The bankruptcy “Means Test” is a formula designed to keep people with a large household income from filing for Chapter 7 bankruptcy.  This does not mean that you are prohibited from filing bankruptcy because you earn a good salary.  You may still qualify for Chapter 7 if your expenses are large enough to offset your income.  Also, if you fail to qualify, then you may still be eligible for Chapter 13 bankruptcy.

It is important to know that only bankruptcy filers with primarily consumer debts – not business debts – need to take the means test.  If your debts are primarily business debts, then you automatically qualify for Chapter 7 bankruptcy.  There have been a number of cases decided about whether a debt is considered a consumer debt or business debt, so talk with an experienced bankruptcy lawyer if you are not sure whether your debts are consumer or business.

HOW DOES THE MEANS TEST WORK?

The means test was designed to limit the use of Chapter 7 bankruptcy to those who cannot repay their debts. It does this by deducting specific monthly expenses (derived from the Internal Revenue Service for National and Local Standards) from your “current monthly income” (your average income over the six calendar months before you file for bankruptcy) to arrive at your monthly “disposable income.”

The first step of the means test is to determine whether your income is more or less than your state’s median income attributable to the size of your household.  If you earn less than the median income for a household of your size in your state, you pass. You’re done. You do not need to complete the rest of the means test. You can file for Chapter 7.

WHAT IF I MAKE MORE THAN THE MEDIAN INCOME?

For those whose household income exceeds the state median, the Means Test computations become more complicated. You must determine whether you have enough disposable income, after paying your allowed monthly expenses, to pay at least a portion of your unsecured debts.  If your disposable income adds up to more than a certain amount as prescribed by the Bankruptcy Code, you have failed the Means Test and must consider an alternative to Chapter 7.  The only way you can still file Chapter 7 is if you can rebut the presumption of abuse by demonstrating to the Court special circumstances that either justify additional expenses or an adjustment to your income.

WHAT IF I DON’T PASS THE MEANS TEST?

If you don’t pass the means test, you’re limited to trying to work out settlements with your creditors outside of bankruptcy or you can file Chapter 13 bankruptcy.  Chapter 13 requires you to propose a plan for repaying your creditors with monthly payments over a three- to five-year period.  Most people who file for bankruptcy prefer Chapter 7, which typically requires no repayment of debt and is less expensive than Chapter 13.

However, Chapter 13 bankruptcy is still the best way to handle specific problems, like curing a default on a home mortgage and repaying debts that will not go away in bankruptcy, such as most taxes and child support arrearages.  But before you settle on Chapter 13 bankruptcy, be sure to talk to a lawyer. You might find that you are able to pass the means test after all.

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 205-930-6900.

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/chapter-7-bankruptcy-means-test/

Monday, June 7, 2021

AN UNSAFE SKY

picture of a commercial airplane flying

[1]

Just last week, a Southwest Airlines flight attendant was assaulted by an unruly passenger upon taxiing the runway in the San Diego destination. The passenger was reportedly calm throughout the prior duration of the flight, but a confrontation regarding the passenger’s disregard of standard inflight instructions escalated when the passenger attacked a flight attendant. The brutal assault resulted in the attendant losing two teeth and sustaining injuries to the face. According to a witness, the flight attendant left the altercation covered in blood. Paramedics and police officers met the plane at the gate. The passenger was arrested on a charge of battery and taken into custody to the Las Colinas Detention facility. The flight attendant was taken from the plane to be treated at Scripps Memorial Hospital.[2]

Lynn Montgomery wrote a letter to the CEO of Southwest Airlines, Gary Kelly, to address the unsafe environment passenger misbehavior has caused. According to the letter, incidences of violence and misbehavior have risen in the year 2021 from the typical yearly amount of 100 to 150 formal cases to the staggering amount of 2,500. And it is only June. Montgomery noted in her letter that passenger non-compliance has also become more aggressive in nature. The letter implored CEO Kelly to respond to the need of flight attendants to be ensured a safe working environment, requesting additional air marshals and notice of changes in flight schedules to reduce the stress caused by uncertainty in flight attendants’ work schedules. Montgomery stated that flight attendants “are doing all they can do to ensure compliance while creating a safe environment for all passengers and crew, but they also need the support and tools required to prevent injury to ourselves and others.”[3]

But is that not exactly an employer’s responsibility in the first place? The Occupational Safety and Health Administration (also known as OSHA) sets guidelines across the country to provide accountability for an employer’s safety standards in the workplace. Further, workers’ compensation must be carried by any employer that employs at least five people, so coverage is ensured for an employee that sustains an injury on the job. When a third person causes the injury of an employee, a third available remedy is a personal injury claim or lawsuit filed against the said person directly.

Since the flight attendant works for Southwest Airlines, workers’ compensation benefits should be available to cover her medical expenses, lost wages, and any permanent disability sustained. Reading this list of coverage seems to fall short of true compensation for the ordeal. It is likely that if the flight attendant files suit against the passenger for assault and battery, punitive (think punishment) damages could be awarded due to the alarm and shock of the passenger’s actions, as well as the true damage the employee sustained, and passenger caused. However, the flight attendant may find a more palatable avenue in filing suit against Southwest Airlines for creating an unsafe work environment. The letter by Montgomery indicates that the airline was on notice of the drastic rise in violence perpetrated against its employees, and yet no action was taken in response to this increased risk of injury. As such, it could be said that Southwest would be liable to the flight attendant for not acting in accordance with this notice of danger. Time will tell the outcome of the flight attendant’s road to recovery.

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.


Bernard D. Nomberg has been a lawyer for more than 25 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2020, Bernard was named a Super Lawyer for the 8th year in a row.

 

 

[1] https://www.shermanstravel.com/advice/carry-on-pet-policy-by-airline-the-full-rundown.

[2] https://www.nbcnews.com/news/us-news/southwest-airlines-flight-attendant-loses-two-teeth-after-passenger-assault-n1268493.

[3] https://www.nbcnews.com/news/us-news/southwest-passenger-accused-knocking-out-flight-attendant-s-two-teeth-n1268909.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/an-unsafe-sky/

Thursday, April 22, 2021

MY WORKERS’ COMPENSATION CASE IS PENDING, CAN I FILE FOR BANKRUPTCY?

workers comp claims and chapter 7 bankruptcyThe answer is YES, but there are some key issues for you to consider before you file:

  1. WILL I QUALIFY FOR CHAPTER 7?

Unless your debt is primarily business debt, in order to qualify for Chapter 7, you must first pass the Means Test.  The Means Test considers your total household income over the 6 months prior to the month you file bankruptcy and your allowable expenses (based on National and Local Standards used by the Internal Revenue Service) to determine whether you have enough disposable income to propose a repayment plan to creditors.

If your income is below the median income level for your county/state, then you will qualify.  If you were working and earning your regular salary during the 6-month lookback period, your average monthly income may be too high (since your workers compensation benefits are only 2/3 of your wages).  If your income is above the median income, you may still qualify, but you may also need to consider a Chapter 13.

If you are just starting to receive Temporary Total Disability (TTD) benefits, you may need to wait a few months before filing to ensure that you qualify or that your Chapter 13 payment will be manageable.

  1. HOW LONG WILL I RECEIVE WORKERS COMP BENEFITS?

Your TTD benefits could last anywhere from 6 months to 6 years.  The length of time that you will receive benefits, will help to determine whether you can propose a long-term repayment plan through Chapter 13 or whether you will most likely need to file a modification of your plan once your income increases.  Filing bankruptcy under the assumption that your TTD benefits will be there forever is setting yourself up to fail.  The steadier your income stream the smoother your Chapter 13 plan will work.

  1. IS MY WORKERS COMP SETTLEMENT EXEMPT IN BANKRUPTCY?

In Alabama, the answer is YES.  §25-5-86 of the Alabama Code provides that “Claims for compensation, awards, judgments, or agreements to pay compensation owned by an injured employee or his or her dependent shall not be assignable and shall be exempt from seizure or sale or garnishment for the payment of any debt or liability.”  So, when you receive a substantial lump sum payment, your work injury settlement should be exempt.  However, this begs the question of whether you would even need to file bankruptcy since most of your creditors cannot seize or garnish your TTD benefits.  Make sure you speak with an experienced bankruptcy lawyer before you decide to file to determine the best time to file.

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 205-930-6900.

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/my-workers-compensation-case-is-pending-can-i-file-for-bankruptcy/

Monday, April 5, 2021

MAXIMIZE THE VALUE OF YOUR WORKERS’ COMPENSATION CLAIM

photo of a manual laborerer holding a yellow hard hat

[1]When it comes to navigating your workers’ compensation claim, it may not even cross your mind to wonder how best to settle your claim. The endless onslaught of questions revolving around treating your injury seem to take top billing. But what exactly is your injury worth? Should you seek a lump sum settlement or weekly benefit checks? How long will the checks last? If you take the lump sum option, will it be less than weekly benefits? What is the right amount to settle for? While every case is different, there are important steps every injured worker can take to insure they receive the maximum possible compensation for their injuries.

The first step to take is to report your injury promptly and correctly. Waiting only increases the risk that you will be met with obstacles when trying to prove the details of the accident. When reporting the injury, make sure to put the supervisor or safety department on notice on the event and injury, and make sure you notify them that you need medical care. Also, keep a copy for your own records, if possible. This is how your workers’ compensation claim is initiated.

Next, timely seek medical treatment immediately after incurring your injury. If you wait to receive medical treatment, this could give the insurance company cause to lower a settlement offer or deny your claim. Medical treatment is also the best way to corroborate the details of your injury as reported in your claim. Medical professionals can document the extent of your injury and physical restrictions, which can go a long way in fighting for your claim.

Document every action taken in relation to your claim. While some portions of the process may not seem important, keep all of the paperwork and take notes of what your doctor says and does at each visit. The costs of these visits and treatments can be used in settlement negotiations, the actions of your doctor can be proof of the extent of your injuries, and even your own words to the doctor can be used for (or against) your case. Everything associated with your injury can have the purpose of increasing your compensation. Do not leave anything to chance.

Do not go through this process alone! You really should consult an experienced workers’ compensation lawyer. Do your research online to find the right lawyer for your claim. There are things you do not know about the workers’ compensation process that can be used against you. Everything you say to a medical professional, employer, fellow employee, or insurance company can be documented and utilized for your benefit or for the benefit of the insurance company. To make sure that you avoid the landmines rampant throughout this process, having an experienced attorney on your side who can navigate these pitfalls is invaluable. If the insurance company sends you checks for an incorrect amount, a lawyer can assist you in receiving a check for the full amount. If your employer ignores your claim, a lawyer will know how best to proceed. What you are unaware of can hurt you, so align yourself with a knowledgeable attorney who is familiar with workers’ compensation.

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.


Bernard D. Nomberg has been a lawyer for more than 25 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2030, Bernard was named a Super Lawyer for the 8th year in a row.

 

[1] https://www.matrixinssolutions.com/business-insurance/workers-comp.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/maximize-value-of-workers-compensation-claim/

Wednesday, March 17, 2021

REASONS FOR DELAY IN WORKERS’ COMPENSATION CASES

photo of someone filling out a workers' compensation claim form with calculator nearby[1]

When the goal of a workers’ compensation claim is to receive benefits to provide for recovery of an injury, the light at the end of the litigation tunnel seems distant without incurring any delays. Filing a workers’ compensation claim can already seem like a minefield of unknowable traps and obstacles lying in wait without accounting for the likelihood that your case’s end could be pushed back again and again. When medical bills are piling up, the financial stress only adds to the pain of the injury. Rather than leaving more questions unanswered, this article’s aim is to shed some light on what goes on behind the curtain.

Written notice of your injury to your employer must be given within ninety days of the accident for the injury to be compensable, though reporting the injury within five days is recommended. After this, you have two years to file a claim for workers’ compensation benefits. In turn, your employer will notify its insurance provider of the claim for benefits in order to determine the compensability of the injury.[2] This is the starting point of using delay as a tactic against the employee during the compensation process.

It is imperative to keep in mind that insurance companies, like any other corporation, operate for the purpose of turning a profit. While insurance firms may market themselves as for the people or for the employee’s benefit, the financial bottom line is still a driving force of its operation. This leads to insurance adjusters causing undue delay when responding to claims. For example, an adjuster for the insurance provider may ask for an employee to provide information to the insurance firm that is not needed but takes time to produce. Once the information is provided, the adjuster may take longer than necessary to respond to emails or communications from the employee, causing further delay.

The purpose in delay is twofold. On the one hand, it prolongs the time until the insurance provider must pay out the benefits to the claimant, and on the other, it weakens the position of the employee, creating a dire need for benefits so that the employee is willing to accept a lower settlement offer. Insurance companies maintain funds in interest-accruing account. The longer a larger sum is left in the account, the greater the return on the principal. This creates the incentive for insurance companies to delay paying out large lump sum benefits. The delay in a return on the claim, in turn, creates a struggling financial situation for the injured employee who cannot return to work, yet has medical bills stacking up that must be paid. When money is sorely needed, the insurance provider can get away with paying less to the employee who will take whatever he can get in order to avoid amassing debt.

This is the reason consulting a workers’ compensation is of the utmost importance. There is more than meets the eye with filing a claim for work comp benefits, and every employee deserves full compensation for injuries sustained on the job.

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.


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 2020, Bernard was named a Super Lawyer for the 7th year in a row.

 

[1] https://www.hq-law.com/blog/workers-compensation/bad-faith-delay-in-payment-workers-compensation/.

[2] https://www.workplacefairness.org/file-workers-comp-alabama#5.



from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/reasons-for-delay-in-workers-compensation-cases/