I am a dedicated and passionate lawyer in the State of Alabama, I work daily with clients whose lives are affected by injuries sustained at work. I see firsthand the devastating financial strain these injuries cause, and how our current Workers Compensation Laws in Alabama do not do enough to match the losses sustained by injured workers. With minimal exceptions, our laws have not been adjusted for inflation since 1985, leaving injured workers receiving compensation that does not reflect the economic realities of today. 

The quality of healthcare provided is not what is expected in a first-world country. Usually, Injured workers have to wait months before surgery is approved by Workers Compensation Insurance. These delays decrease the likelihood of recovery and increase future disability. Workers Often are sent back to work with significant injuries, causing unnecessary pain and suffering not to mention the likelihood of re-injury or exacerbation.

With some injuries plunging workers into financial destitution, it's clear that the compensation doesn't come close to covering day-to-day living expenses and injured workers shouldn't have to fight poverty in addition to their injury. It's not right, and it's not just. 

Alabama's Department of Labor reports that over 500,000 workers were protected by worker's compensation insurance as of 2018.  Workers injured today would receive benefits based on 1985 living costs. Costs of living have increased significantly since 1985, with the cumulative rate of inflation since that year being roughly 137% according to U.S. Bureau of Labor Statistics.

The following examples are the laws that are currently in place that need to be addressed and amended:

1. Compensation for injuries resulting in Permanent Partial Disability (“PPD”) should be adjusted for inflation: In 1985 compensation for a complete amputation of a hand (100% loss of the hand) would be $37,400. In 2024, compensation for that same injury would be $37,400. Based on inflation alone compensation should be $109,330. Compensation for all injuries, to any part of the body, should be adjusted for inflation and should thenceforth increase on a yearly basis to adjust for inflation. The following are all further examples of compensation that have remained the same since 1985:
   1.  Total amputation of the arm (Above the elbow and down) maximum recovery of $48,840.
   2. Total amputation of the foot (Below the knee and down) maximum recovery of $30,580.
   3. Total amputation of the leg (Above the knee and down) maximum recovery of $44,000.
   4. Total hearing loss in one ear maximum recovery of $11,600.
   5. Total hearing loss to both ears maximum recovery of $35,860.
   6. Loss of one eye maximum recovery of $27,280.
   7. For injuries that result in disability to the entire body (Whole Person) maximum recovery of $66,000. 
2. Death of Workers without Dependents: If a worker dies while on the job and such worker does not have a spouse, children, or anyone else who relies on him/her for financial support, the compensation provided is minimal. The only compensation a deceased worker will receive is $7,500, to cover funeral expenses. Many of these injured workers are sons and daughters, their families are told their children's lives are essentially worth pennies. In almost any other context outside of the worker's compensation system, the compensation owed would be millions of dollars. Even if an employer is negligent and responsible for such death, there is no liability. 
3. Weekly Compensation (Temporary Total Disability (“TTD”) Should Apply Evenly To All Workers: Current laws are designed to effectively punish high-wage earners. While unable to work, injured workers are compensated with 2/3 of their gross average weekly wage (Which should somewhat reflect net earnings). Any injured worker who makes about $80,000/yr or more will receive the same amount in compensation while off work. In 2024, a worker who makes $80,000/yr will receive $1,130 in weekly compensation. A worker who makes $120,000/yr will also receive $1,130 in weekly compensation. A worker making $80,000 a year will roughly receive 2/3 of their gross earnings, and a worker making $120,000/yr will receive approximately 49% of their gross wage. 
4. Inadequate Medical Care: Doctors who accept Workers Compensation Insurance are agreeing to work at a highly reduced rate of pay. This results in some of the worst/most bias doctors in the State solely responsible for the care of Alabama's thousands of injured workers. These unqualified/biased doctors often “side” with the insurance companies. These doctors send injured workers back to work when they are in no physical state to do so. Further, they often refuse to recommend treatment because they “don’t think the insurance company will authorize treatment” or they just ignore patient's complaints. The reason for this is to stay on the preferred list of doctors for insurance companies, thereby securing future referrals. In many cases insurance companies have a direct say in the medical care provided, forcing patients to undergo Physical Therapy when the injury should be immediately treated with surgery, causing unnecessary pain and delays. The system in place contradicts the idea of a medical professional advocating for their patients and providing adequate and timely care. Who is the doctor really working for?(https://www.doi.gov/sites/doi.gov/files/elips/documents/pb-23-01-return-to-work-handbook-04-18-23-508.pdf) Disability has been increasing steadily each year. One contributing factor of this is related to low quality medical care provided by Workers Compensation. (https://onlinelibrary.wiley.com/doi/abs/10.1002/ajim.22399)
5. Right For Workers To Select Their Own Doctor: Injured workers are assigned a doctor by the Workers Compensation Insurance Company. This leads to the bias of doctors to ignore treatment in favor of reducing medical expenses. Injured workers have one opportunity to select another doctor, they are provided a list of four doctors to choose from. These four doctors are hand-picked by the Workers Compensation Insurance Company. The majority of states allow workers to select their own doctor, including Louisiana, West Virginia, Mississippi, Florida (with exceptions), Kentucky (with exceptions). A question to ask yourself is, would you like it if you were provided a list of four doctors (Most or all of whom are the lowest rated and unqualified in the state) to manage your medical treatment? 
6. Enforcement/Liability On Workers Compensation Insurance Companies: There is little to no obligation for Workers Compensation Insurance Company’s to provide efficient and adequate care. Most companies are understaffed, forcing a select few individuals to have a caseload that is impossible to manage. This causes delays in overall treatment which is known to affect overall recovery, effectively providing inadequate medical benefits. (https://pubmed.ncbi.nlm.nih.gov/31301866/). Further, outside of a lawsuit there is no obligation or enforcement for insurance companies to compensate workers for injuries in a timely and reasonable manner. It is not uncommon for insurance companies to ignore proposed settlements for months or even years. Many times workers rely on this compensation to make up for the losses incurred while injured. 
7. Enforcement/Liability On Workers Compensation Insurance Companies To Follow Statutory Duties and Rights: If an insurance company is late to pay rightfully owed benefits, there is a statutory fee of 15% applied to any amount that is 30 days overdue. Unless you file a lawsuit (incurring thousands of dollars in expenses) and have a judge render a decision, Insurance Companies never pay this 15% fee. They often claim they had “good cause” for the delay. There is no system or enforcement in place to require insurance companies to follow the statute. (https://codes.findlaw.com/al/title-25-industrial-relations-and-labor/al-code-sect-25-5-57/#:~:text=Industrial%20Relations%20and%20Labor%20SECTION%2025%2D5%2D57%20COMPENSATION%20FOR%20DISABILITY,-Current%20as%20of&text=(a)%20Compensation%20schedule)
8. Employer Liability For Reckless Conduct: Additional liability on the Employers must be added. Unless your employer intentionally injures you or removes/fails to provide/maintain safety features on machinery, your employer cannot be liable. While there is a general exclusion that an employer cannot be found at fault, this allows employers to implement cost-saving measures knowing there will be minimal repercussions. For example, if an employer instructs an untrained/experienced co-worker to operate a backhoe, and he runs you over, the employer is not responsible. While general negligence should be excluded, employers should be held liable when their reckless conduct is known or should have been known to cause bodily injury. Of the 50 states in the U.S.A, 42 States have added an "Intentional Act Exception" to their Worker's Compensation Laws, allowing for injured worked to attribute fault to intentional and reckless actions of their employers. (https://www.workcompcentral.com/news/article/id/a2262f6ec20178a057aed8449722b324179a33ba) Even in instances where there are OSHA laws that have been violated, there is rarely any liability enforced on the employer. 

It's time to bring Alabama's Workers Compensation Laws into the 21st century. We are therefore petitioning for a necessary review and amendment of these laws, accounting for inflation since 1985, providing timely/adequate medical care, and holding Worker's Compensation Insurance Companies and Employers responsible for their actions. It is likely you know at least one person who has been affected by an on-the-job injury, and god forbid you or a loved one ever have to experience a work-related injury under our current laws. Please sign this petition and stand alongside Alabama's workers in their fight for fair support in times of injury.