How do I file a workers' compensation claim in Alabama?
Alabama workers' comp is governed by Ala. Code Title 25, Chapter 5, administered by the Workers' Compensation Division of the Alabama Department of Labor. Uniquely, contested claims are litigated in Circuit Court, not an administrative tribunal.
1. Coverage
Required for employers with 5 or more employees (Ala. Code § 25-5-50). Excluded: domestic workers, casual employees, farm laborers, certain construction subcontractors, federal employees, and qualifying independent contractors.
2. Notice to Employer
Oral notice within 5 days, written notice within 90 days of injury (Ala. Code § 25-5-78). Late notice without reasonable excuse and prejudice bars the claim.
3. Claim Filing
File a complaint for workers' compensation benefits in the Circuit Court of the county where the injury occurred within 2 years of injury (Ala. Code § 25-5-80). The Department itself does not adjudicate.
4. Benefits
Medical fully covered. Temporary Total Disability pays 66 2/3% of average weekly wage subject to state max (100% of state average weekly wage — about $1,074/week for 2026) under § 25-5-68. Permanent Partial Disability under § 25-5-57(a)(3) (scheduled member losses) or § 25-5-57(a)(3)(g) (vocational disability for unscheduled). Permanent Total Disability for life (§ 25-5-57(a)(4)). Death benefits 500 weeks plus $7,500 burial.
5. Independent Medical Exam (IME)
Carrier may require IME under § 25-5-77(b). Refusal suspends benefits.
6. Choice of Doctor
Employer selects the authorized treating physician (§ 25-5-77(a)). Employee dissatisfied may request a Panel of Four for selection of a new treating physician.
7. Denied Claim / Appeal
Circuit Court judge tries the case (no jury). Appeal to the Alabama Court of Civil Appeals on questions of law and "substantial evidence" review of facts; then to the Alabama Supreme Court on certiorari.
8. Third-Party Suit
Ala. Code § 25-5-11 preserves third-party rights. Employer/carrier has subrogation lien — reduced for pro-rata attorney's fees.
This is legal information, not legal advice.
- Filing Circuit Court complaint for denied benefits
- Panel of Four request for new treating physician
- Vocational disability rating for unscheduled injury
- Ala. Code Title 25, Ch. 5
- Ala. Code § 25-5-11
- Ala. Code § 25-5-50
- Ala. Code § 25-5-57
- Ala. Code § 25-5-68
- Ala. Code § 25-5-77
- Ala. Code § 25-5-78
- Ala. Code § 25-5-80
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.