The Alabama workers compensation act — formally the Alabama Alabama Workers’ Compensation Act (Code of Alabama 1975, Title 25, Chapter 5; often called the Alabama Workers’ Compensation Law), found at Code of Alabama 1975, Title 25, Chapter 5, §25-5-1 et seq. — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Alabama workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Alabama at a Glance
| Official name | Alabama Workers’ Compensation Act (Code of Alabama 1975, Title 25, Chapter 5; often called the Alabama Workers’ Compensation Law) |
| Where it lives | Code of Alabama 1975, Title 25, Chapter 5, §25-5-1 et seq. |
| First enacted | 1919 (Acts 1919, No. 245, p. 206; effective January 1, 1920) |
| Reporting deadline | Written notice to the employer within 5 days of the accident; no compensation is payable unless written notice is given within 90 days of the accident (or of death), unless the employer had actual knowledge (§25-5-78) |
| Filing deadline | 2 years from the accident, or 2 years from the last compensation payment, to reach an agreement or file a verified complaint (§25-5-80; separate rules apply to cumulative-stress injuries) |
| Exclusive remedy | §§25-5-52 and 25-5-53 make workers’ comp the exclusive remedy against the employer. The main exception is a civil action against a co-employee for “willful conduct” causing injury or death (§25-5-11), which carries a heavy burden of proof |
| Recent amendments | No Title 25, Chapter 5 amendments effective 2024–2026 were verified. Related: HB466 (2026 Regular Session), signed April 6, 2026 and effective October 1, 2026, added Parkinson’s disease to firefighter occupational diseases. It amends §§11-43-144, 36-30-40 and 36-30-41, which are outside Chapter 5. Confirm with the Workers’ Compensation Division |
In This Alabama Guide:
What the Alabama Workers Compensation Act Is
An workers’ compensation act is an no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Alabama workers compensation act dates to 1919 (Acts 1919, No. 245, p. 206; effective January 1, 1920).
It lives at Code of Alabama 1975, Title 25, Chapter 5, §25-5-1 et seq., and the official text is linked in the sources.
Who the Alabama Workers Compensation Act Covers
§25-5-8 requires covered employers to secure payment of compensation through insurance or approved self-insurance; under §25-5-50 this applies to employers with 5 or more employees §25-5-50 excludes domestic servants, farm laborers, casual employees and employers with fewer than 5 employees (smaller employers may opt in), and covers exemptions for corporate officers, independent contractors, licensed real estate agents and product demonstrators
Deadlines in the Alabama Workers Compensation Act
Waiting period: §25-5-59. The first 3 days of disability are not paid; if the disability lasts 21 days or more, those first 3 days are paid with the first installment after day 21. Wage-loss rate: §25-5-57(a)(1) sets temporary total disability at 66 2/3 percent of average weekly earnings, subject to the yearly maximum and minimum in §25-5-68.
Alabama Workers Compensation Act: Key Sections at a Glance
The sections of the Alabama workers compensation act that decide most cases, each with its citation:
| Coverage mandate | §25-5-8 requires covered employers to secure payment of compensation through insurance or approved self-insurance; under §25-5-50 this applies to employers with 5 or more employees |
| Exemptions | §25-5-50 excludes domestic servants, farm laborers, casual employees and employers with fewer than 5 employees (smaller employers may opt in), and covers exemptions for corporate officers, independent contractors, licensed real estate agents and product demonstrators |
| Report an injury | Written notice to the employer within 5 days of the accident; no compensation is payable unless written notice is given within 90 days of the accident (or of death), unless the employer had actual knowledge (§25-5-78) |
| File a claim | 2 years from the accident, or 2 years from the last compensation payment, to reach an agreement or file a verified complaint (§25-5-80; separate rules apply to cumulative-stress injuries) |
| Waiting period | §25-5-59. The first 3 days of disability are not paid; if the disability lasts 21 days or more, those first 3 days are paid with the first installment after day 21 |
| Wage-loss rate | §25-5-57(a)(1) sets temporary total disability at 66 2/3 percent of average weekly earnings, subject to the yearly maximum and minimum in §25-5-68 |
| Exclusive remedy | §§25-5-52 and 25-5-53 make workers’ comp the exclusive remedy against the employer. The main exception is a civil action against a co-employee for “willful conduct” causing injury or death (§25-5-11), which carries a heavy burden of proof |
| Retaliation | §25-5-11.1 bars firing an employee solely because they filed or pursued a workers’ comp claim, or filed written notice of a safety-rule violation. The remedy is a civil (tort-type) action, where compensatory damages, and punitive damages on clear and convincing proof, have been allowed by a jury |
| Uninsured employer penalty | §25-5-8. An employer that fails to secure compensation commits a misdemeanor with a fine of 100 to 1000, and is liable to the injured worker for 2 times the compensation otherwise payable |
| Who hears disputes | §25-5-81. Disputed claims go to the circuit court of the county that would hear a tort case between the parties. A circuit judge hears them without a jury, so Alabama has no administrative comp board for trials. The Workers’ Compensation Division offers an Ombudsman program and mediation |
The Exclusive-Remedy Bargain in the Alabama Workers Compensation Act
§§25-5-52 and 25-5-53 make workers’ comp the exclusive remedy against the employer. The main exception is a civil action against a co-employee for “willful conduct” causing injury or death (§25-5-11), which carries a heavy burden of proof
Retaliation and Penalties Under the Alabama Workers Compensation Act
§25-5-11.1 bars firing an employee solely because they filed or pursued a workers’ comp claim, or filed written notice of a safety-rule violation. The remedy is a civil (tort-type) action, where compensatory damages, and punitive damages on clear and convincing proof, have been allowed by a jury §25-5-8.
An employer that fails to secure compensation commits a misdemeanor with a fine of 100 to 1000, and is liable to the injured worker for 2 times the compensation otherwise payable §25-5-81. Disputed claims go to the circuit court of the county that would hear a tort case between the parties. A circuit judge hears them without a jury, so Alabama has no administrative comp board for trials.
The Workers’ Compensation Division offers an Ombudsman program and mediation
Recent Amendments to the Alabama Workers Compensation Act
No Title 25, Chapter 5 amendments effective 2024–2026 were verified. Related: HB466 (2026 Regular Session), signed April 6, 2026 and effective October 1, 2026, added Parkinson’s disease to firefighter occupational diseases. It amends §§11-43-144, 36-30-40 and 36-30-41, which are outside Chapter 5. Confirm with the Workers’ Compensation Division
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How to Read the Alabama Workers Compensation Act
Statute pages are written for lawyers, so read the Alabama workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Alabama workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Alabama claim guide turns these sections into steps and dates, and the Alabama requirements guide covers the employer side.
Frequently Asked Questions
Where is the Alabama workers compensation act in the code?
Code of Alabama 1975, Title 25, Chapter 5, §25-5-1 et seq.. The sources below link to the official text.
How long do I have to report a work injury under the Alabama act?
Written notice to the employer within 5 days of the accident; no compensation is payable unless written notice is given within 90 days of the accident (or of death), unless the employer had actual knowledge (§25-5-78). Report in writing as soon as possible either way.
Can I sue my employer instead of using the Alabama workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Alabama Sources & Resources
- Alabama Alabama Department of Workforce, Workers’ Compensation Division: https://workforce.alabama.gov/divisions/workers-compensation/
- Alabama Workers’ Comp Statute: https://alison.legislature.state.al.us/code-of-alabama?section=25-5-1
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Alabama workers compensation act guide was last verified against official Alabama sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.