Workers' comp deadlines in Alabama: tell your employer and file

Tell your employer in Alabama

Time limit

5 days

Counted from

The date of the accident

In writing?

Yes, in writing

If you are late

If you give notice after 5 days, you may lose medical and compensation benefits that built up before the notice, unless you were prevented from giving notice by physical or mental incapacity, fraud or deceit, or another equally good reason. No compensation at all is payable if written notice is not given within 90 days after the accident (or the death), unless the employer actually knew of the injury.

Illness that develops over time

If you get an occupational disease, notify your employer immediately. The claim deadline for an occupational disease runs from your last exposure to the hazards of the disease at work.

Report any injury to your supervisor or employer right away. The law requires written notice of the accident to your employer within 5 days after it happens. In any case, no compensation is payable unless written notice is given within 90 days after the accident. The notice can be handed to the employer or its agent, or sent by registered or certified mail, and should say who was hurt, where and when, what the injury was, and that compensation may be claimed. The Division says that the employer's actual knowledge of the injury has been treated the same as written notice.

Law: Ala. Code §§ 25-5-78, 25-5-79, 25-5-59(a)

Source: workforce.alabama.gov

File your claim in Alabama

Time limit

2 years

Counted from

The date of the accident, or the date of the last compensation (wage-benefit) payment if any were made; medical payments do not extend the deadline

What to file

A verified complaint filed with the clerk of the circuit court in the county that would hear a lawsuit between you and your employer (only needed if you and your employer have not agreed on compensation)

Who files it

There is no claim form for the injured worker. You file a claim by properly notifying your employer of the accident and injury in writing and asking your employer for benefits. Claim forms (First Report of Injury, Supplementary Report, Claim Summary) are filed by the employer, insurance carrier or third-party administrator with the Workers' Compensation Division. If your employer declines to accept the claim, you can call the Division and ask to speak to an examiner or an ombudsman.

What your employer must do

Your employer tells you which doctor to see for authorized treatment. Within 15 days after the injury and its knowledge of it, your employer must send a First Report of Injury to the Division when you miss more than 3 days of work. An employer cannot refuse to report an injury just because no one saw the accident. When the first compensation payment is made, a Supplementary Report is due within 10 days; if the first payment is not made within 30 days after the employer knew of the claim, a report giving the reason is due. Employers must post the workers' compensation notice with the toll-free ombudsman number.

Source: WC Form 2

When the insurer decides

The law sets no deadline for the carrier to accept or deny the claim. If any payment of compensation is not paid without good cause within 30 days after it becomes due, 15% is added to the unpaid amount. Your employer may pay your salary instead of compensation, but this must be reported to the Division.

Illness that develops over time

For an occupational disease, file within 2 years after the date of injury, which is the date of your last exposure to the hazards of the disease with the employer where you were last exposed (special rules apply to pneumoconiosis and radiation). If compensation was paid, you have 2 years from the last payment.

You make a claim by notifying your employer of the accident and injury and asking your employer for benefits. If your employer does not accept the claim and you do not reach an agreement, you must file a verified complaint in circuit court within 2 years after the accident. If compensation payments were made, you have 2 years from the last payment. Payments for medical care, hospital care or vocational services do not extend the deadline. For an injury from cumulative physical stress, you have 2 years from the date of injury.

Law: Ala. Code §§ 25-5-80, 25-5-88, 25-5-117

Source: workforce.alabama.gov

Law: Ala. Code §§ 25-5-59(b), 25-5-290(d)

Source: workforce.alabama.gov

Waiting period and first payment in Alabama

Waiting period

No compensation is paid for the first 3 days of disability. Compensation begins on the fourth day after disability. The waiting period does not apply to scheduled losses (such as loss of a body part).

Paid back for the waiting days

If your disability lasts as long as 21 days, the first 3 days are paid with the first payment due after those 21 days.

First payment

Payments are made at the same intervals your wages were paid, unless you and your employer agree otherwise. If an installment is not paid without good cause within 30 days after it becomes due, 15% of the unpaid installment is added to it.

How often you are paid

On your regular pay schedule (weekly or every two weeks, as wages were paid)

Law: Ala. Code §§ 25-5-59, 25-5-57(a)(1)

Source: workforce.alabama.gov

Deadline helper

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