Two years to file, from the accident
Ala. Code § 25-5-80
No-fault system
Alabama's fault rule
Contingency Representation
On qualifying matters
Workers' Compensation Claims in Alabama
A workplace injury can stop you from earning a living while medical bills keep arriving. State workers' compensation laws provide benefits for medical treatment and lost wages, but employers and their insurance carriers routinely dispute, delay, and deny legitimate claims. Our workers' compensation attorneys help injured workers navigate the system, appeal denials, and identify third-party negligence claims that can add to the total recovery beyond what workers' comp alone provides.
Both of our attorneys are licensed in Alabama. The firm handles workers' compensation claims for clients across the state, in Birmingham, Hoover, Huntsville, Montgomery, Tuscaloosa, and Mobile, and everywhere in between. Contingency fees are available on qualifying matters, and the rules below are the ones that will shape your Alabama claim from the first phone call.
The Alabama Filing Deadline
An Alabama workers' compensation claim must generally be brought within two years of the accident, or of the last compensation payment if benefits were paid (Ala. Code § 25-5-80), and you must give your employer notice of the injury, generally within five days of the accident and no later than 90 days after it (Ala. Code § 25-5-78). These comp deadlines run separately from the two-year deadline for any third-party injury lawsuit.
Fault in Alabama: No-fault system
Alabama workers' compensation is a no-fault system. You do not have to prove your employer was negligent, and your own negligence is not a defense. What matters is that the injury arose out of and in the course of employment and that the notice and filing deadlines were met.
Wrongful Death Claims in Alabama
Alabama's wrongful death statute, Ala. Code § 6-5-410, is unlike any other state's: the only damages recoverable are punitive damages, measured by the wrongfulness of the defendant's conduct rather than the family's economic loss. The claim must be brought by the decedent's personal representative within two years. Presenting these cases well requires attorneys who know how Alabama juries are asked to value conduct, not loss.
Claims Against Alabama Government Entities
Claims against Alabama cities carry notice deadlines measured in months, not years: a sworn claim generally must be presented to a municipality within six months of the injury under Ala. Code §§ 11-47-23 and 11-47-192. Claims involving counties and state agencies have their own presentment rules and immunity defenses. If a government vehicle, road defect, or public facility is involved, treat the deadline as immediate.
Alabama Workers' Compensation Claims FAQ
How long do I have to file a workers' compensation claim in Alabama?
An Alabama workers' compensation claim must generally be brought within two years of the accident, or of the last compensation payment if benefits were paid (Ala. Code § 25-5-80), and you must give your employer notice of the injury, generally within five days of the accident and no later than 90 days after it (Ala. Code § 25-5-78). These comp deadlines run separately from the two-year deadline for any third-party injury lawsuit. Claims against Alabama government entities follow their own strict rules, described below, so it is worth getting advice early.
What happens if I was partly at fault for my workers' compensation in Alabama?
Alabama workers' compensation is a no-fault system. You do not have to prove your employer was negligent, and your own negligence is not a defense. What matters is that the injury arose out of and in the course of employment and that the notice and filing deadlines were met.
What does it cost to hire a workers' compensation lawyer for a Alabama case?
The consultation is free. Contingency fees are available on qualifying matters. On a contingency case, the attorney fee is a percentage of any recovery, and there is no attorney fee if there is no recovery. We advance case expenses, and the written fee agreement sets out how they are handled before we begin.
Can a Hoover, Alabama firm handle my Alabama case?
Yes. Between them, our attorneys are licensed in Alabama, Georgia, and South Carolina, and we represent Alabama clients by phone, video, and in person. What changes across a state line is not our involvement in the case but which rules apply, and we practice under Alabama's.
Free Alabama Guides on This Topic
Plain-English answers under Alabama law, free to read before you ever call.
Hurt in Another State?
The same firm, under the rules of the state where you were hurt.