Alabama workers' compensation insurance: Your ultimate guide

Understanding Alabama workers' compensation insurance

Alabama, known for its unique blend of Southern charm and vibrant culture, offers a variety of experiences, from the lively city of Birmingham to the serene shores of the Gulf Coast. 

The Yellowhammer State provides an abundance of opportunity for businesses with a growing economy and diverse industries. Whether nestled in the bustling cityscape of Huntsville or amidst the natural wonders of the Appalachian Mountains, protecting your business with comprehensive workers' compensation insurance is essential.

What is workers' compensation?

Workers' compensation is a state-mandated insurance program for employers with five or more employees. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.

Without workers’ compensation, the cost of an injured employee’s medical treatment could become the responsibility of your business.

Alabama workers' compensation law

Alabama’s Department of Labor is responsible for administering the workers’ comp law in Alabama. The law requires employers with five or more employees to be covered by an active workers’ compensation insurance policy. 

Full or part-time employees, officers of a corporation or members of an LLC are considered employees under Alabama workers’ compensation law. 

Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. Alabama’s Workers’ Compensation Division can approve self-insured requests based on financial requirements.

Employees can verify online if their employer has coverage through an online search tool.

Coverage and benefits

Who is covered?

Policies include protection for full-time and part-time workers.

Exemptions from workers’ comp in Alabama may include, for example:

  • Farm laborers
  • Domestic employees
  • Municipalities with less than 2,000 residents

Covered injuries and illnesses

Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions.

Benefits provided

Alabama workers’ comp insurance provides three types of benefits for work injuries:

  • Medical benefits
  • Lost wages 
  • Death and funeral benefits

These benefits include:

  • Medical, hospital and surgical treatment for work-related accidents, injuries and/or illnesses 
  • Temporary disability benefits 
  • Permanent disability benefits
  • Burial expenses
  • Death benefits

Alabama workers’ compensation rates

The weekly compensation rate in Alabama is 66 ⅔% of a person’s average weekly wage based on earnings for the 52 weeks before the injury. 

Find more information on Alabama’s workers’ compensation rates here.

Alabama workers' compensation insurance process

Filing a workers' compensation claim

In the event of a work-related injury or illness: 

  • Employees must promptly notify their employer and seek medical attention.
  • Employees in Alabama should report their injury to their employer within five days of the accident.
  • The injured employee should complete the necessary forms and provide supporting documentation to initiate the claims process.
  • Within 15 days after the occurrence of the injuries and knowledge thereof by the employer, a First Report of Injury must be sent to the State of Alabama.

Choosing a healthcare provider 

If the workers’ compensation insurance partner accepts the claim, benefits will be issued to ensure timely care.

Employers in Alabama select the treating physician at the time of the accident. If the employee is dissatisfied with the initial treating physician chosen by the employer, and if further treatment is required, the employee may advise the employer and be entitled to select a second physician from a panel of four physicians chosen by the employer. 

Employees must seek medical treatment from these designated providers to ensure coverage.

Compensation for missed work

If an employee is off work:

  • Less than four days: They are not eligible for temporary disability payments. 
  • More than four but less than 21 days: They are eligible for lost time benefits beginning on the fourth day. 
  • More than 21 days: They are eligible for benefits retroactive to the first day they stopped work. 

Resolving disputes

To resolve a workers’ compensation claim dispute, an injured worker can contact Alabama’s Workers’ Compensation Division for assistance. 

The Workers’ Compensation Division also offers an Ombudsman Program to quickly and informally allow the parties to settle their workers' compensation dispute.

How to get workers' compensation

Insurance requirements for employers

Generally, employers in Alabama with five or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with these requirements is essential to protect both the employer and employees.

Choosing the right insurance partner

When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost. 

We recommend requesting multiple quotes and comparing the offerings before making a decision.

Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.

Insurance regulations, laws, and available coverages can change. The information provided on this website is for general informational purposes only. Please consult the
Alabama
Departments of Insurance and/or Labor for the most up-to-date and detailed information.

Information updated as of January 1, 2024
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Frequently asked questions

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Can an employee sue their employer for a work-related injury or illness?

In most cases, employees in Alabama are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.

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Are independent contractors covered by workers' compensation insurance?

Generally, independent contractors aren’t covered by workers' compensation insurance in Alabama. Workers' compensation laws typically apply to employees rather than independent contractors.

However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If you’re unsure about your classification, we recommend seeking legal guidance.

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How long do I have to report a work-related injury or illness?

Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.

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How do I verify an employer’s coverage?

Employees can verify online if their employer has coverage.

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