Report the injury promptly
Alabama workers’ compensation law generally calls for written notice to the employer within five days of a workplace accident and, in all events, within 90 days. An employer’s actual knowledge may satisfy the notice requirement in some circumstances, but a worker should not rely on an informal conversation if written notice can be provided.
Tell a supervisor, manager, human-resources representative, or the person who handles workers’ compensation claims. Make clear that the injury happened at work; simply saying that a body part hurts may not tell the employer that a workplace accident occurred.
Put the report in writing
A short email, text message, accident report, or letter can create a useful record. Include:
- The date, time, and place of the accident;
- A brief description of what happened;
- The body parts injured and symptoms known at the time;
- The names of witnesses and everyone notified; and
- A request for authorized workers’ compensation medical treatment.
Keep a copy, along with any reply, claim number, medical instruction, or accident-report confirmation. If symptoms change or another injured body part becomes apparent, report that information promptly too.
Notice is not the same as filing a lawsuit
Giving notice to an employer does not automatically preserve a claim forever. Alabama law also has a separate limitations period for filing a workers’ compensation action, generally two years from the accident or two years from the last compensation payment, depending on the circumstances. Medical payments alone generally do not count as compensation payments for extending that period.
Different rules can apply to occupational disease, cumulative-trauma, death-benefit, and other claims. Disputes can also arise over the accident date, actual knowledge, and whether a payment affected the deadline. Obtain individualized advice well before any possible deadline rather than trying to calculate it at the last minute.
If the employer says notice was late
Preserve the facts that show when and how the employer learned about the injury. Useful evidence may include messages, call logs, witness names, an accident report, an emergency-room record identifying the workplace, a supervisor’s response, and records showing that the employer arranged treatment.
A late-notice allegation can be fact-specific. Do not assume that a denied claim, a delayed report, or an employer’s refusal to complete paperwork ends the inquiry.
A practical deadline checklist
- Report the accident immediately and identify it as work-related.
- Confirm the report in writing and save proof of delivery.
- Ask how to obtain authorized medical treatment.
- Keep a timeline of missed work, benefit checks, and medical care.
- Get legal advice early if notice or a filing deadline is disputed.