This pertains solely to a workers compensation claim in State Court and the laws are somewhat different for a Federal claim which you may or may not have due to the fact that the injury occur while working at a Federal installation be it for a private company. This letter is provided to answer most of your questions about filing a worker's compensation claim and my legal representation of you. This material does not attempt to set out all of the specifics of your case; rather, it provides considerable information that will be useful in consulting with me as a reference.

A worker's compensation claim is very different than other types of claims. For example, you are limited in what damages you can recover. In a worker's compensation case, you cannot recover for pain and suffering. Also, the Alabama Legislature has placed severe restrictions on the amount that you can receive for certain injuries. The legislature also allows the worker's compensation carrier to be paid back for certain expenses if you recover from a third party.

Typically, the first thing our firm will do is send a letter of representation to your employers worker's compensation insurance carrier. This lets your employer and the insurance company know an attorney is representing you.

In a worker's compensation setting, it is usually necessary that you reach maximum medical improvement ("MMI") before settling your case. Depending on your injury, it could take anywhere from a few weeks to years before you reach MMI.

In order to effectively represent you, I need your cooperation in the following ways:

1. Do not discuss the claim with anyone without my authorization. If anyone contacts you about this matter, please get the person's name and telephone number and notify me immediately.
2. Unfortunately, pursuing a worker's compensation claim is a slow process. The legal system is prolonged and complex. To add to the complexity, many insurance companies are from outside the state and it takes several days for documents to reach the company's offices. Once the company receives documents, it takes several weeks for the company to evaluate these documents.
3. Notify me immediately if you change your address and/or telephone number, if you change your place of employment, or if you must be away from home for an extended time period. I must always be able to reach you by telephone and mail.
4. It is my experience that your employer and/or their insurance company often hire investigators and quite often video tape you at home, work and during the day. These tapes, when shown to the Judge, can be very damaging if they display you doing things you say you cannot do. This is very real.

1. The employee must work for an employer whose business is covered by the law. (Generally, the law covers employers of five or more employees; it does not apply to independent contractors, common carriers engaged in interstate commerce, domestic servants, casual employees, farm laborers, United States and State government.)
2. The injury must result from an accident. ("Accident" is defined as an event happening suddenly and violently and producing, at the time, injury to the physical structure of the body by accidental means. There are exceptions to the sudden and violent requirement; especially lung, carpel tunnel syndrome, repetitive stress syndrome cases and some heart attack cases.
3. The accident must arise out of and in the course of the employment. There must be a relationship between the employment and the accident, and it must occur within the period of employment, at a place where the employee may reasonably be, and while he is fulfilling the duties of his employment or engaged in something incidental to it. (There are exceptions.)
4. Proper notice of the accident and injury must be given to the employer and/or your supervisor. The law requires that notice be given within five (5) days, but in any case, notice must be given within ninety (90) days following the accident. Actual knowledge, like telephone calls, has been held to be equivalent to statutory notice; immediate and/or written notice to the employer or supervisor is the best notice.