Detailed Answer
If you suspect your employer or their insurer filed a workers’ compensation claim for your workplace injury but you haven’t received confirmation, you can take several steps to verify the filing under Alabama law. Generally, an employer must report an injury and file a claim within a set timeframe. Here’s how you can check:
1. Ask Your Employer or HR Department
Under Ala. Code § 25-5-270, an employer must report an injury to its insurance carrier and the Alabama Department of Labor’s Workers’ Compensation Division within 21 days of notice. Start by asking HR or your supervisor for a copy of the employer’s report of injury and the insurance claim number.
2. Contact the Insurance Carrier
Your company’s workers’ compensation insurer should confirm whether a claim exists. Provide your name, date of injury, and claim number (if known). The insurer can tell you if they received the employer’s report and opened a claim file.
3. Check with the Alabama Department of Labor
The Alabama Department of Labor’s Workers’ Compensation Division maintains claim records. You can:
- Visit the Workers’ Compensation page at labor.alabama.gov/wc.
- Submit a records request in person or by mail to the department’s Montgomery office.
- Ask for a copy of the Form 15 (employer’s report) or Form 12 (insurer’s notice of denial or acceptance).
4. Review the State Board Docket
Alabama’s Workers’ Compensation Board dockets public hearings. If your claim advanced to a hearing, you can search the Board’s online calendar or request past dockets to see if your name appears.
5. Consult Your Attorney
If you have difficulty locating your claim or if the carrier denies knowledge of it, a workers’ compensation attorney can assist you. They can file necessary documents, subpoena records, and advocate on your behalf.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Keep detailed notes: record dates and names when you contact HR, the insurer, or the Department of Labor.
- Request written confirmation of every inquiry to create a paper trail.
- Know your rights: employers must file within 21 days after learning of an injury (Ala. Code § 25-5-270).
- Check FAQs and forms on the Alabama Department of Labor site before calling.
- If the insurer denies the claim, you have one year from the date of injury to file a claim petition (Ala. Code § 25-5-95).