Alabama Workers' Compensation: Deadlines, Benefits and How to File
Alabama workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Alabama
- Deadline to report the injury
- The worker should notify the employer within five days of the accident, and in any case within 90 days. If the employer already has actual knowledge of the injury, that counts as notice. Alabama Department of Workforce, Benefits and Claims Filing
- Deadline to file a claim
- A claim is barred unless a verified complaint is filed in court within two years from the date of the accident. If compensation has been paid, the two years run from the date of the last compensation payment. Alabama Department of Workforce, Benefits and Claims Filing
- Weekly benefit rate
- Temporary total disability is 66 2/3% of the worker's average weekly earnings during the 52 weeks before the injury, subject to the maximum and minimum in effect on the date of injury. Ala. Code § 25-5-68; Alabama Department of Workforce, Benefits and Claims Filing
- Maximum weekly benefit
- For injuries on or after July 1, 2026, the maximum weekly benefit is $1,219 and the minimum is $335. For injuries from July 1, 2025 through June 30, 2026, the maximum was $1,172 and the minimum $322. Ala. Code § 25-5-68(c); Alabama Department of Workforce memo, State's Average Weekly Wage (May 11, 2026); Claim Handling Manual
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Generally, the law covers employers with five or more employees. The Department lists these as not covered: owner-operators of interstate common carriers, domestic servants, casual employees, farm laborers, and the U.S. and State governments. |
|---|---|
| Deadline to report the injury | The worker should notify the employer within five days of the accident, and in any case within 90 days. If the employer already has actual knowledge of the injury, that counts as notice. The Department's workplace notice tells workers to notify the employer immediately. |
| Deadline to file a claim | A claim is barred unless a verified complaint is filed in court within two years from the date of the accident. If compensation has been paid, the two years run from the date of the last compensation payment. Payment of medical bills does not count as compensation for this purpose. |
| Waiting period | No wage benefits are paid for the first three days of disability; benefits begin on the fourth day. If the disability lasts 21 days, the first three days are paid with the first payment after the 21 days. |
Benefits
| Weekly benefit rate | Temporary total disability is 66 2/3% of the worker's average weekly earnings during the 52 weeks before the injury, subject to the maximum and minimum in effect on the date of injury. If the worker's average weekly earnings are below the minimum, the worker receives 100% of average weekly earnings. |
|---|---|
| Maximum weekly benefit | For injuries on or after July 1, 2026, the maximum weekly benefit is $1,219 and the minimum is $335. For injuries from July 1, 2025 through June 30, 2026, the maximum was $1,172 and the minimum $322. Permanent partial disability benefits have a separate cap of $220 per week. |
| How long benefits last | The Workers' Compensation Division lists these limits: temporary total disability, unlimited; temporary partial disability, up to 300 weeks; permanent partial disability (body as a whole), up to 300 weeks; permanent disability, unlimited. Permanent partial disability for specific body parts (scheduled injuries) is paid for set numbers of weeks under the statute; those schedules are not listed here. |
| Permanent disability | Permanent partial disability is paid either from a schedule of weeks for specific body parts (for example, 200 weeks for loss of a leg, multiplied by the impairment rating) or, for injuries to the body as a whole, based on a 300-week period, and is capped at $220 per week. Permanent total disability, meaning the worker cannot perform their trade or obtain other reasonable gainful employment, is paid at 66 2/3% of the average weekly wage (up to the maximum) for as long as the disability lasts, with no limit on the amount or length of payment. |
| Death benefits | If a work injury causes death, dependents receive 50% of the worker's average weekly earnings if there is one dependent, or 66 2/3% if there are two or more, subject to the weekly maximum and minimum, for up to 500 weeks. If there are no dependents, the worker's estate receives a one-time payment of $7,500. The employer also pays up to $6,500 toward burial expenses. |
Doctors, filing, settlements and appeals
| Choosing a doctor | The employer chooses the treating physician. If the worker is dissatisfied with that physician and further treatment is needed, the worker may pick a second physician from a panel of four chosen by the employer. Refusing a reasonable examination or required treatment can suspend compensation while the refusal continues. |
|---|---|
| How to file | Report the injury to your supervisor or employer right away and ask which doctor to see. A claim is made by notifying the employer of the accident and injury and applying for benefits; the employer or insurer files the First Report of Injury (WC Form 2) with the state. If the employer denies the claim, the worker may call the Workers' Compensation Division to speak with an examiner, or hire an attorney. Division phone: 334-956-4044 or 1-800-528-5166. Attorney fees are set by a circuit judge and may not exceed 15% of the compensation. |
| Settlements | Claims can be settled. A settlement can be approved by a circuit court judge or by an ombudsman of the state Workers' Compensation Division; if a lawsuit is already pending and an ombudsman approves the settlement, the parties file the approved documents with the court and the case is dismissed. Permanent partial disability can be paid weekly or, if both sides agree, in a lump sum, in which only future payments can be discounted. The Division's claim handling guide (https://adol.alabama.gov/wp-content/uploads/2023/12/wc_claimhandling-2025-1.pdf) refers to settlements approved by the circuit court or an ombudsman and describes lump-sum payment of permanent partial disability. |
| Appealing a denial | Alabama does not use an administrative hearing board for disputed claims; contested claims are decided in circuit court after a verified complaint is filed (within the two-year limit). Before or instead of court, the Division's Ombudsman Program offers free, informal benefit review conferences and mediation, but only if both the employer and the worker agree. An agreement reached there is binding unless a court sets it aside within 60 days for fraud, newly discovered evidence or other good cause. |
| Deadline to challenge a denial | Disputed claims: Alabama has no workers' comp hearing board; either side may take a dispute to the circuit court of the county that would hear a tort case between the parties, and the claim must be agreed on or a verified complaint filed within two years after the accident (or after the last compensation payment). Any party unhappy with the circuit court's order or judgment may appeal to the Alabama Court of Civil Appeals within 42 days. Two-year limit: https://alison.legislature.state.al.us/code-of-alabama?section=25-5-80 |
| Filing or checking a claim online | In Alabama a workers' comp claim is filed by properly notifying your employer of the accident and injury; report any injury immediately to your supervisor or employer. The employer, insurance carrier or third-party administrator files the state reports (WC Form 2 First Report of Injury, Form 3 Supplementary Report, Form 4 Claim Summary). If the employer declines liability, you may call the Workers' Compensation Division and ask for an Examiner: 334-956-4044 or 1-800-528-5166. There is no injured-worker online claim portal; the division's online portal is for assessments. Division page: https://adol.alabama.gov/divisions/workers-compensation/ |
| Lawyer fees in comp cases | Attorney fees in Alabama workers' comp cases cannot exceed 15% of the compensation awarded or paid, and a circuit court judge sets the fee and how it is paid. The Workers' Compensation Ombudsman Program offers free, voluntary mediation to help settle disputes before court: call 1-800-528-5166 and ask for an Ombudsman (Montgomery area 334-956-4046). Ombudsman: https://adol.alabama.gov/divisions/workers-compensation/workers-compensation-ombudsman-program/ |
Lawsuits and uninsured employers
| Suing your employer | Suing the employer: Alabama workers' compensation rights are the employee's exclusive remedy against the employer for a work injury or occupational disease, and the employer cannot be held civilly liable except as the chapter provides. The immunity also covers the comp insurer, claims administrators, safety-inspection agencies, unions and co-employees except for willful conduct, which the statute defines (intent to injure, willful removal of a manufacturer's safety guard, intoxication of a co-employee, or willful violation of a specific written safety rule after the required written notice). |
|---|---|
| Suing someone other than your employer | Suing someone else: if a party other than the employer is legally liable for the injury, the worker can claim workers' comp and also sue that party for full damages. Money collected from the other party is credited against the employer's comp liability, the employer is reimbursed for comp already paid, and it is subrogated for medical and vocational benefits. If the worker does not sue within the time allowed by law, the employer or its insurer gets an extra six months to sue; in a settlement, the employer pays a share of the worker's attorney fees in proportion to the reduction in its liability. Source: Ala. Code § 25-5-11(a), (d), (e) |
| If your employer has no workers' comp | Employer without coverage: an Alabama employer required to secure workers' comp that fails to do so commits a misdemeanor (fine of $100 to $1,000) and is liable for two times the compensation that would otherwise have been payable for the employee's injury or death. The state may seek an injunction, and a court may impose civil penalties up to $100 per day. No uninsured employers fund was found in the sections reviewed. Source: Ala. Code § 25-5-8(e) |
Where to get help in Alabama
Workers' Compensation FAQ
Which employers must have workers' comp in Alabama?
Generally, the law covers employers with five or more employees. The Department lists these as not covered: owner-operators of interstate common carriers, domestic servants, casual employees, farm laborers, and the U.S. and State governments.
How long do you have to report a work injury in Alabama?
The worker should notify the employer within five days of the accident, and in any case within 90 days. If the employer already has actual knowledge of the injury, that counts as notice.
What is the deadline to file a workers' comp claim in Alabama?
A claim is barred unless a verified complaint is filed in court within two years from the date of the accident. If compensation has been paid, the two years run from the date of the last compensation payment. Payment of medical bills does not count as compensation for this purpose.
Is there a waiting period for workers' comp in Alabama?
No wage benefits are paid for the first three days of disability; benefits begin on the fourth day. If the disability lasts 21 days, the first three days are paid with the first payment after the 21 days.
How much does workers' comp pay in Alabama?
Temporary total disability is 66 2/3% of the worker's average weekly earnings during the 52 weeks before the injury, subject to the maximum and minimum in effect on the date of injury. If the worker's average weekly earnings are below the minimum, the worker receives 100% of average weekly earnings.
What is the maximum workers' comp benefit in Alabama?
For injuries on or after July 1, 2026, the maximum weekly benefit is $1,219 and the minimum is $335. For injuries from July 1, 2025 through June 30, 2026, the maximum was $1,172 and the minimum $322. Permanent partial disability benefits have a separate cap of $220 per week.
Can you choose your own doctor for workers' comp in Alabama?
The employer chooses the treating physician. If the worker is dissatisfied with that physician and further treatment is needed, the worker may pick a second physician from a panel of four chosen by the employer. Refusing a reasonable examination or required treatment can suspend compensation while the refusal continues.
How does permanent disability work under workers' comp in Alabama?
Permanent partial disability is paid either from a schedule of weeks for specific body parts (for example, 200 weeks for loss of a leg, multiplied by the impairment rating) or, for injuries to the body as a whole, based on a 300-week period, and is capped at $220 per week. Permanent total disability, meaning the worker cannot perform their trade or obtain other reasonable gainful employment, is paid at 66 2/3% of the average weekly wage (up to the maximum) for as long as the disability lasts, with no limit on the amount or length of payment.
What workers' comp death benefits are available in Alabama?
If a work injury causes death, dependents receive 50% of the worker's average weekly earnings if there is one dependent, or 66 2/3% if there are two or more, subject to the weekly maximum and minimum, for up to 500 weeks. If there are no dependents, the worker's estate receives a one-time payment of $7,500. The employer also pays up to $6,500 toward burial expenses.
How do you file a workers' comp claim in Alabama?
Report the injury to your supervisor or employer right away and ask which doctor to see. A claim is made by notifying the employer of the accident and injury and applying for benefits; the employer or insurer files the First Report of Injury (WC Form 2) with the state. If the employer denies the claim, the worker may call the Workers' Compensation Division to speak with an examiner, or hire an attorney.
How do you appeal a denied workers' comp claim in Alabama?
Alabama does not use an administrative hearing board for disputed claims; contested claims are decided in circuit court after a verified complaint is filed (within the two-year limit). Before or instead of court, the Division's Ombudsman Program offers free, informal benefit review conferences and mediation, but only if both the employer and the worker agree. An agreement reached there is binding unless a court sets it aside within 60 days for fraud, newly discovered evidence or other good cause.
How long can you receive workers' comp in Alabama?
The Workers' Compensation Division lists these limits: temporary total disability, unlimited; temporary partial disability, up to 300 weeks; permanent partial disability (body as a whole), up to 300 weeks; permanent disability, unlimited.
How do workers' comp settlements work in Alabama?
Claims can be settled. A settlement can be approved by a circuit court judge or by an ombudsman of the state Workers' Compensation Division; if a lawsuit is already pending and an ombudsman approves the settlement, the parties file the approved documents with the court and the case is dismissed. Permanent partial disability can be paid weekly or, if both sides agree, in a lump sum, in which only future payments can be discounted.
How do I file or check a workers' comp claim online in Alabama?
In Alabama a workers' comp claim is filed by properly notifying your employer of the accident and injury; report any injury immediately to your supervisor or employer. The employer, insurance carrier or third-party administrator files the state reports (WC Form 2 First Report of Injury, Form 3 Supplementary Report, Form 4 Claim Summary). If the employer declines liability, you may call the Workers' Compensation Division and ask for an Examiner: 334-956-4044 or 1-800-528-5166. There is no injured-worker online claim portal; the division's online portal is for assessments.
How much can a workers' comp lawyer charge in Alabama?
Attorney fees in Alabama workers' comp cases cannot exceed 15% of the compensation awarded or paid, and a circuit court judge sets the fee and how it is paid. The Workers' Compensation Ombudsman Program offers free, voluntary mediation to help settle disputes before court: call 1-800-528-5166 and ask for an Ombudsman (Montgomery area 334-956-4046).
Can you sue your employer for a work injury in Alabama?
Suing the employer: Alabama workers' compensation rights are the employee's exclusive remedy against the employer for a work injury or occupational disease, and the employer cannot be held civilly liable except as the chapter provides. The immunity also covers the comp insurer, claims administrators, safety-inspection agencies, unions and co-employees except for willful conduct, which the statute defines (intent to injure, willful removal of a manufacturer's safety guard, intoxication of a co-employee, or willful violation of a specific written safety rule after the required written notice).
Can you sue a third party for a work injury in Alabama?
Suing someone else: if a party other than the employer is legally liable for the injury, the worker can claim workers' comp and also sue that party for full damages. Money collected from the other party is credited against the employer's comp liability, the employer is reimbursed for comp already paid, and it is subrogated for medical and vocational benefits. If the worker does not sue within the time allowed by law, the employer or its insurer gets an extra six months to sue; in a settlement, the employer pays a share of the worker's attorney fees in proportion to the reduction in its liability.
What if my employer doesn't have workers' comp insurance in Alabama?
Employer without coverage: an Alabama employer required to secure workers' comp that fails to do so commits a misdemeanor (fine of $100 to $1,000) and is liable for two times the compensation that would otherwise have been payable for the employee's injury or death. The state may seek an injunction, and a court may impose civil penalties up to $100 per day.
How long do you have to appeal a denied workers' comp claim in Alabama?
Disputed claims: Alabama has no workers' comp hearing board; either side may take a dispute to the circuit court of the county that would hear a tort case between the parties, and the claim must be agreed on or a verified complaint filed within two years after the accident (or after the last compensation payment). Any party unhappy with the circuit court's order or judgment may appeal to the Alabama Court of Civil Appeals within 42 days.
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