File a Claim – Workforce Alabama

If you are hurt or injured at work:

• Report any injury immediately to your supervisor, boss or employer.
• Check with your supervisor or employer about which doctor you should see for your work-related injury.

Claim Forms

Conditions for Benefits

The following conditions must exist to entitle an injured employee to benefits under the Alabama Workers’ Compensation Law.

• The employee must work for a covered employer. Generally, the law covers employers of five or more employees. It does not apply to owner/operator or leased operator of common carriers engaged in interstate commerce, domestic servants, casual employees, farm laborers, U.S. and State government.
• The injury must result from an accident. “Accident” is defined as an unexpected or unforeseen event happening suddenly and violently with or without human fault producing, at the same time, injury to the physical structure of the body or damage to an artificial member of the body by accidental means.
• The accident must arise out of and in the course of employment. There must be a relationship between the employment and the accident, and it must occur within the period of employment, at a place where the employee may reasonably be and while fulfilling the duties of their employment or engaged in something incidental to it.
• Proper notice must be given to the employer. The law requires that notice be given within five days, but in any case, notice must be given within ninety days following the accident. Actual knowledge has been held to be equivalent to statutory notice.

Exceptions

There are a few circumstances which may negate an employee’s claim for benefits.

• When the accident is caused by the willful misconduct of the employee
• When the accident is caused by the act of a third person or fellow employee for personal reasons and not directed against them as an employee or because of employment
• By the employee’s intention to bring about the injury or death of himself or another
• By the employee’s intoxication from alcohol or use of illegal drugs
• By failure or willful refusal to use safety appliances provided by the employer
• By willful refusal or willful neglect of the employee to perform a statutory duty
• By the employee’s willful breach of a reasonable rule or regulation of the employer, of which the employee has knowledge

Weekly Benefits — Injury Claims

Benefits are equal to 66 ⅔% of the employee’s average weekly earnings during the 52 weeks prior to the injury. Benefits cannot exceed the maximum in effect on the date of injury. The State’s Average Weekly Wage is determined under Section 25-5-68.

In no case may weekly benefits be less than the minimum rate in effect at the time of injury, unless the employee’s average weekly earnings were below that amount—in which case, benefits equal 100% of the employee’s average weekly earnings.

Weekly Benefits — Death Claims

• 50% of the employee’s average weekly earnings if there is one dependent
• 66 ⅔% if there are two or more dependents

Death benefits are subject to the maximum and minimum rates in effect on the date of injury. If the employee has no dependents, the employer must pay a one-time lump sum of $7,500 to the employee’s estate within 60 days of death.

Claim Limitations

• Death: 500 weeks
• Permanent: Unlimited
• Permanent Partial Body: 300 weeks
• Temporary Total: Unlimited
• Temporary Partial: 300 weeks