The Short Answer:
To file a workers’ comp claim in Alabama, first report your injury to your employer as soon as possible—ideally in writing. Then, get medical treatment from an employer-approved doctor. Your employer should take it from there by filing the insurance claim. Once filed, the insurance company will investigate and approve or deny the claim. If you face challenges with your claim, our team of workers’ comp lawyers in the Montgomery and Millbrook areas can assist you throughout all stages of the process.
Key Takeaways
- Report the Injury Immediately: Alabama law requires prompt notification of the injury to your employer within 5 days.
- Use an Authorized Doctor: Seeking treatment from an unapproved provider may disqualify you from receiving medical benefits. Emergencies are the exception.
- Employer Must File the Claim Form: Notifying your employer isn’t enough—you need them to submit the official First Report of Injury by the deadline.
- Watch the Clock: The statute of limitations is 2 years from the date of the injury or last compensation payment.
- Disputes Are Appealable: If your claim is denied, you can challenge the decision through a hearing or with legal help.
Step 1 – Report the Injury Right Away
In Alabama, you must notify your employer of a work-related injury as soon as possible. By law, you have 5 days to give notice, though in some cases, you may have up to 90 days, depending on the circumstances. Quick reporting helps protect your right to workers’ compensation and prevents delays in treatment or benefits.
If you’re unsure about your rights or whether you’ve waited too long, you should act immediately—delaying further could cost you your ability to file a claim.
While Alabama law allows for verbal notification, written notice is strongly recommended. Verbal reports can lead to disputes later, especially if there’s no clear record. A short written statement creates documentation that protects your rights and confirms the date you gave notice.
If you’re not sure how to notify your employer, use simple, clear language like:
“I was injured on the job on [insert date] while performing my duties. I am notifying you so this injury can be documented and handled through workers’ compensation.”
Be sure to keep a copy for your records if submitting it by email or as a printed letter.
Step 2 – See an Authorized Doctor
After reporting your injury, the next step is to get medical attention—but not just from any provider. In Alabama, your employer (or their workers’ compensation insurance carrier) has the legal right to choose your treating physician. If you visit a doctor without their approval, you could risk losing access to covered medical benefits.
Always ask your employer for a list of authorized doctors before seeking treatment. Getting care from an unauthorized provider—even if well-intentioned—can result in out-of-pocket expenses and may complicate your claim.
There is one key exception: emergencies. If your injury requires immediate care, go to the nearest emergency room or urgent care facility. Your health and safety come first. Just make sure to notify your employer of the emergency treatment as soon as possible, and switch to an approved doctor once your condition is stable.
Step 3 – Ensure the Claim Is Filed
Telling your employer about your injury is only the first step. It’s not the same as officially filing a workers’ comp claim. In Alabama, it’s your employer’s responsibility to submit a document called the First Report of Injury to the state and their workers’ compensation insurance provider. They are required to do this within 15 days of the injury or illness. This form starts the formal claim process.
Just because you reported the incident doesn’t guarantee the paperwork has been filed. That’s why it’s a good idea to follow up and ask if the report has been submitted. If you’re unsure, you can contact the insurance carrier directly or request a copy of the claim confirmation from your employer.
Tracking your claim status helps ensure you don’t miss out on benefits due to administrative delays or miscommunication. If it seems like your claim isn’t moving forward, you may want to get a work injury lawyer to protect your rights.
Step 4 – Wait for the Insurance Company’s Decision
Once your employer files the claim, the workers’ compensation insurance company takes over. They’ll review the First Report of Injury and begin an investigation to decide whether your claim will be approved or denied.
Several factors can affect the outcome of your claim, including:
- Whether the injury or illness is clearly work-related
- Timeliness of your report and medical treatment
- Medical documentation supporting your diagnosis
- Statements from you, your employer, and any witnesses
- Whether you followed proper reporting and treatment procedures
This investigation may include reviewing your medical records, interviewing witnesses, and verifying the details of your injury. During this time, it’s important to respond promptly to any requests for information to avoid delays.
Most initial decisions are made within a few weeks, but timelines can vary depending on the complexity of the case. If your claim is approved, you may start receiving medical benefits and partial wage replacement shortly after the decision. Workers’ comp benefits are typically paid weekly and can help cover necessary treatments, medications, and lost income while you’re unable to work.
If you experience delays or don’t hear back within a reasonable time, it’s a good idea to check in with your employer or the insurance adjuster to confirm the claim is progressing.
Step 5 – If Denied, You Can Appeal
If your workers’ comp claim is denied, that doesn’t mean it’s the end of the road. You have the right to appeal the decision, and there are several ways to challenge the denial.
In some cases, disputes can be resolved informally by contacting the insurance adjuster or your employer to clarify details or provide additional documentation. This may lead to a reversal of the denial without going through a formal process.
If informal efforts don’t work, you can file a formal complaint with the Alabama Department of Labor’s Workers’ Compensation Division. This step initiates a legal review of your case, which may include a hearing before an ombudsman or a judge. You’ll need to present evidence showing that your injury is work-related and that you’re eligible for benefits.
Having a lawyer at this stage can make a big difference. We can help you gather the right documentation, meet deadlines, and represent your interests during hearings. Our team offers free consultations and only gets paid if you receive benefits, so there’s little financial risk in reaching out for help.
Alabama’s Workers’ Comp Deadlines You Should Know
Timing matters in Alabama workers’ compensation claims. Missing a key deadline could cost you your benefits, even if your injury is valid.
There are 2 key deadlines to know:
- Reporting Deadline: You must notify your employer of your injury as soon as possible—ideally, the same day or within a few days. In some cases, you may have up to 90 days.
- Filing Deadline: You must file a formal workers’ comp lawsuit within 2 years of the date of your injury.
Example: If you hurt your back on January 1, you should report it right away. But even if you do, you must still file suit by New Year’s Day 2 years later—or your right to benefits may be lost.
There are limited exceptions, such as being physically or mentally unable to report the injury, or if your employer failed to inform you of your rights. But these are rare and usually require legal help.
To protect your legal rights, act quickly and keep copies of everything you submit or receive.
When Should You Talk to a Lawyer?
While not every workers’ comp claim requires legal help, certain red flags—like a denied claim, delayed benefits, or disputes over your injury—are signs you shouldn’t go it alone. Getting a lawyer involved early can help you avoid costly mistakes and protect your right to compensation.
If your injuries are serious, your employer isn’t cooperating, or you’re unsure what to do next, it’s time to speak with a professional. Our workers’ compensation lawyers offer free consultations and work on a contingency fee basis, so you don’t pay anything upfront.
Don’t risk your health or your financial future. Contact Those Thumbs Up Guys® at Floyd Hunter Injury Law today to schedule your free case review and get the help you need to move forward with confidence.
