In Alabama, a fight over workers comp benefits is settled in court. A refused claim becomes a lawsuit in circuit court and you have two years from the accident or from your last weekly check, to file it. The same circuit judge sets the attorney fee, which is capped at 15%.
Before any of that, your employer needs to hear about the injury. Alabama asks you to report it within 5 days. A report made more than 90 days after the accident is too late.
What Alabama pays while you cannot work
Your weekly check is two-thirds of your average weekly wage, which is your usual gross pay averaged over a week. For injuries on or after July 1, 2026, the check cannot go above $1,219 a week or below $335.
The first 3 days off are not paid. If you end up out more than 21 days, those 3 days are paid back. Alabama puts no fixed week limit on temporary total checks (the payments made while a doctor keeps you fully off work).
For a rough figure based on your own pay stubs, try our weekly check calculator.
| Weekly check | two-thirds (66 2/3%) of your average weekly wage |
|---|---|
| Weekly cap, injuries on or after July 1, 2026 | $1,219 |
| Weekly minimum, injuries on or after July 1, 2026 | $335 |
| Waiting period | first 3 days unpaid, paid back if you are out more than 21 days |
| How long temporary total checks can last | no set week limit (unlimited) |
Alabama dates you cannot miss
- Report to your employer: within 5 days of the accident and never later than 90 days.
- Lawsuit in circuit court: within two years of the accident or of the last weekly check you were paid.
- Appeal of the circuit court judgment: within 42 days, filed with the Court of Civil Appeals.
If checks came for a while and then stopped, the two-year clock can run from that last check instead of the accident. Write down the date of the final payment you received and keep the stub.
Who chooses your Alabama doctor
Your employer picks the first doctor. If you are unhappy with that doctor, you may pick a second one yourself, chosen from a panel of four. Keep a note of the day you asked and the name you chose, in case the insurer later questions the switch.
How an Alabama workers comp lawyer gets paid
The fee is limited to 15% of the compensation awarded or paid and the circuit judge sets the amount. Because it is a share of the benefits in your case, the fee is tied to the money recovered. Our guide to attorney fees in workers comp explains how percentage fees work. When you talk with an attorney, ask to see how 15% would apply to your own numbers.
Questions about forms or records can go to the Workers' Compensation Division of the Alabama Department of Workforce at 1-800-528-5166.
People also ask
My Alabama claim was denied. Where do I file?
In circuit court, as a lawsuit. You have two years from the accident or from the last weekly check you received. A denial letter from the insurer is its opinion, not a court ruling.
I was out two weeks. Do I get paid for the first three days?
No. Alabama pays those first 3 days back only when you are out more than 21 days.