Appealing a Denied Workers' Comp Claim in Alabama
The deadline to challenge a denied workers' comp claim in Alabama, where to file, and the steps from hearing to appeal.
Short answer: 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… Ala. Code §§ 25-5-80, 25-5-81(a), (e)
| 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 |
|---|---|
| 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 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. |
Where to get help in Alabama
More Alabama workers' compensation
- Filing a Workers' Comp Claim in Alabama
- How Much Workers' Comp Pays in Alabama
- Workers' Comp Settlements in Alabama
- Retaliation for Filing Workers' Comp in Alabama
- Suing Over a Work Injury in Alabama
- All Alabama workers' compensation rules
FAQ
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.
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.
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.