Alabama
Alabama Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
Alabama requires most employers to carry workers' compensation insurance, which gives injured workers no-fault access to medical care and partial wage replacement. In exchange, workers generally give up the right to sue their employer in civil court, a trade-off known as the exclusive remedy rule.
Is workers' comp required in Alabama?
Alabama law requires employers with five or more employees to carry workers' compensation coverage, and the requirement applies to both private and public employers that meet the threshold. Ala. Code 25-5-50(a) then cuts the exemption in a way that catches many small crews: the under-five exemption does not apply to the business of constructing or assisting on-site in the construction of new single-family, detached residential dwellings. A two-person or three-person residential framing, roofing, or finishing crew is therefore covered even though it is below five employees.
The same subsection exempts several categories regardless of employer size: employers of domestic employees, employers of farm laborers, employment that is casual and not in the usual course of the employer's trade or business, and municipalities with a population under 2,000. An exempt employer may accept coverage voluntarily by filing written notice with the Department of Labor, and may later withdraw that acceptance by the same method.
The program is administered by the Alabama Department of Labor, Workers' Compensation Division, which oversees claims, insurer compliance, and dispute resolution. Employers can satisfy the requirement through a licensed private insurance carrier or by qualifying as a self-insured employer with state approval. An employer that is required to secure coverage and fails to do so is guilty of a misdemeanor carrying a fine of $100 to $1,000, and is separately liable for two times the amount of compensation that would otherwise have been payable, under Ala. Code 25-5-8(e). The state may also seek an injunction and civil penalties of up to $100 per day.
Benefits you can receive
Alabama workers' compensation covers all reasonable and necessary medical treatment for a work-related injury or illness, with no copays or deductibles charged to the worker. Wage replacement for temporary total disability (TTD) is paid at 66 2/3% of your average weekly wage, subject to a maximum the state updates annually. A 3-day waiting period applies before wage benefits begin; under Ala. Code 25-5-59(b), if your disability lasts as much as 21 days, meaning 21 days or more, those first three days are added to and paid with the first installment due after the 21 days expire.
Beyond TTD, the system covers several disability categories. Temporary partial disability (TPD) compensates workers who return to light duty at reduced earnings. Permanent partial disability (PPD) benefits are paid for lasting impairment, typically calculated by a schedule tied to specific body parts or a percentage of whole-body impairment. Permanent total disability (PTD) is available when an injury permanently prevents any gainful employment. Death benefits, including burial expenses and ongoing payments to dependents, are available when a work injury causes a fatality. Most disputed claims are ultimately resolved through a lump-sum settlement negotiated between the worker, employer, and insurer. Our Alabama workers' comp settlement calculator can sketch a rough range for that kind of settlement from your wage and injury details.
Deadlines: reporting your injury and filing a claim
Two separate deadlines govern every Alabama workers' comp case, and missing either one can cost you your benefits.
The first clock is the report-to-employer deadline. Alabama law asks you to notify your employer of a work injury within 5 days of the accident, but that 5-day mark is not the hard cutoff: it only controls whether your wage benefits accrue retroactively back to the date of the accident. Under Ala. Code 25-5-78, the actual bar to compensation is 90 days: no compensation is payable at all unless written notice is given within 90 days of the accident (or, in a death case, within 90 days of the death). This notice can be oral, but written notice protects you if there is later a dispute about when the employer learned of the injury. Prompt notice also lets the employer direct you to medical care and begin the claims process without delay.
The second clock is the statute of limitations for filing a formal claim. In Alabama, you have 2 years from the date of the accident, or 2 years from the last voluntary compensation payment, to file a lawsuit or formal claim. If you are receiving ongoing compensation and payments stop, the 2-year clock starts running from the date of the last payment. Waiting too long bars your claim entirely. If your injury is a gradual condition or occupational disease, get a free case evaluation from an Alabama workers' comp lawyer on when your 2-year clock started (attorney advertising). For context on how Alabama's statute of limitations compares to other states, see our guide to Alabama statute of limitations laws.
Choosing your doctor
Alabama does not give injured workers a free choice of treating physician. Under Ala. Code 25-5-77(a), your employer selects the initial treating physician, and the employer is the party that furnishes and pays for authorized medical treatment.
Your choice arrives only at the second step, and it is a choice from a list the employer builds. If you are dissatisfied with the initial treating physician the employer selected and further treatment is required, you may advise the employer, and you are then entitled to select a second physician from a panel or list of four physicians selected by the employer. The same structure applies to surgery: if surgery is required and you are dissatisfied with the designated surgeon, you may advise the employer and select a second surgeon from a panel or list of four surgeons the employer selects. The four names on either list may not be from the same firm, partnership, or professional corporation, and if four are not available the employer lists as many as are available.
Medical examinations are a separate track from treatment. Ala. Code 25-5-77(b) lets your employer require you to submit to examination by the employer's physician at all reasonable times, not merely once. You have the right to have a physician of your own selection present at that examination, though you are responsible for that doctor's fee. If a dispute arises about the injury or the extent of disability, the court may appoint a neutral physician, with the cost of that examination split between the parties. Refusing a reasonable examination request, or refusing the medical treatment the employer elects to furnish, suspends your right to compensation for the period of the refusal.
Can you sue your employer? The exclusive-remedy rule
Alabama workers' compensation is based on a no-fault bargain. You do not have to prove your employer was negligent to receive benefits, but in exchange, workers' comp is normally your only remedy against your employer. Ala. Code 25-5-52 and 25-5-53 make the rights and remedies granted by the Act exclusive, and Ala. Code 25-5-14 records the Legislature's intent to provide complete immunity to employers and only limited immunity to co-workers, supervisors, the compensation carrier, and claims-servicing companies.
That distinction matters, because the openings the statute leaves mostly do not run against the employer entity. The first is willful conduct by someone other than the employer itself. Under Ala. Code 25-5-11(b), if your injury or death results from the willful conduct of an officer, director, agent, or employee of the same employer, or of the workers' compensation carrier or the company servicing comp claims, you have a cause of action against that person or company. Ala. Code 25-5-11(c) defines willful conduct narrowly: a purpose, intent, or design to injure; willfully and intentionally removing a manufacturer's safety guard or device knowing injury or death would likely result; the intoxication of another employee that wrongfully and proximately caused the injury; or a willful and intentional violation of a specific written safety rule after written notice to the violating employee, where the injury causes death or permanent total disability within six months of that notice.
The second is a claim against an outside party. Under Ala. Code 25-5-11(a), if a party other than your employer also created legal liability for your injury, for example a negligent equipment manufacturer, a contractor on the same job site, or an at-fault driver if you were injured while driving for work, you may bring a damages action against that party while also receiving workers' comp benefits. Your employer is entitled to reimbursement out of what you recover.
An uninsured employer is a common point of confusion. Failing to buy a policy does not take an employer out of the Act, because coverage turns on the number of employees rather than on whether insurance was purchased, so on the face of the statute the exclusive-remedy provisions still apply. What the law gives you instead is the penalty in Ala. Code 25-5-8(e): the employer is liable for two times the compensation that would otherwise have been payable, on top of misdemeanor exposure and possible civil penalties. Separately, Ala. Code 25-5-11.1 bars an employer from terminating you solely because you pursued a workers' compensation claim or filed a written notice of a safety-rule violation.
Because these lines are narrow and fact-specific, an attorney can help you identify whether any of them apply to your situation.
If you were hurt at work in Alabama
Taking the right steps after a workplace injury protects your right to benefits and avoids common pitfalls.
Report immediately. Notify your supervisor or employer in writing as soon as possible after your injury. Reporting within 5 days preserves retroactive pay; Ala. Code 25-5-78 bars compensation entirely if written notice is not given within 90 days of the accident. Keep a copy of anything you submit.
Get medical care. Seek treatment right away. Delaying medical attention gives insurers grounds to argue the injury was not serious or not work-related. Tell your doctor the injury happened at work and describe exactly how it occurred.
File the claim on time. Do not assume your employer or their insurer has filed on your behalf. Track the 2-year deadline carefully. If your situation is complicated (gradual injury, occupational disease, disputed causation), consult an attorney before the deadline approaches.
Document everything. Keep records of every medical visit, every day of work missed, and all communications with your employer or the insurer. Photographs of the accident scene and a written account of what happened are valuable.
Know your doctor rights. Your employer picks the initial treating physician, so treating with an employer-selected doctor is the normal starting point, not a violation. Your right arrives at the next step: if you are dissatisfied with that doctor and further treatment is required, tell the employer, in writing, and ask for the panel or list of four physicians Ala. Code 25-5-77(a) entitles you to choose your second physician from. If no list is provided, get advice.
Consult an attorney for disputes. If your claim is denied, benefits are terminated, or a settlement is being proposed, a workers' compensation attorney in Alabama can help you navigate the process. Many work on a contingency basis and charge no fee unless you recover.
For more background on how the system works nationally, see our workers' compensation laws by state hub.
This article is general legal information, not legal advice. Workers' compensation rules vary by state and change, and benefit amounts and deadlines depend on the specific facts. For advice about a specific claim, consult a licensed workers' compensation attorney in Alabama.
More Alabama Laws
- Alabama At-Will Employment Laws
- Alabama Car Accident Laws
- Alabama Final Paycheck Laws
- Alabama Slip and Fall Laws
- Alabama Statute of Limitations
Frequently Asked Questions
Is workers' comp required in Alabama?
Yes. Alabama requires employers with 5 or more employees to carry workers' compensation coverage under Ala. Code 25-5-1 et seq. Employers with fewer than 5 employees are exempt and may elect coverage voluntarily, but Ala. Code 25-5-50(a) withholds that exemption from the business of constructing or assisting on-site in the construction of new single-family, detached residential dwellings, so a small residential crew is covered. The same subsection also exempts employers of domestic employees and farm laborers, casual employment outside the employer's usual business, and municipalities under 2,000 population. An employer that fails to secure required coverage is liable for two times the compensation otherwise payable, plus misdemeanor penalties, under Ala. Code 25-5-8(e).
How much does workers' comp pay in Alabama?
Wage replacement for total disability pays 66 2/3% of your average weekly wage, up to a maximum the Alabama Department of Labor sets each year. A 3-day waiting period applies, and under Ala. Code 25-5-59(b) those first three days are paid retroactively if your disability lasts as much as 21 days, meaning 21 days or more.
How long does workers' comp last in Alabama?
Temporary total disability benefits continue while you are unable to work and receiving treatment, up to the limits for your disability category. Permanent partial disability benefits are paid for a set period based on the body part affected or percentage of impairment. Permanent total disability may continue for life. Most claims resolve through a negotiated settlement.
How long do I have to file a workers' comp claim in Alabama?
You have 2 years from the date of the accident, or 2 years from the last voluntary compensation payment, to file a formal claim. Separately, Ala. Code 25-5-78 requires written notice to your employer within 90 days of the accident or your right to compensation is barred entirely; reporting within 5 days preserves retroactive pay back to the date of the accident. Missing either deadline can cost you benefits.
Can I choose my own doctor in Alabama?
Generally no. Under Ala. Code 25-5-77(a) your employer selects the initial treating physician. If you are dissatisfied with that doctor and further treatment is required, you may advise the employer and are then entitled to select a second physician from a panel or list of four physicians the employer selects, with the same process for a second surgeon if surgery is needed. Your employer may also require you to submit to examination by its own physician at reasonable times, and you may have a physician of your own selection present at your own expense.
Can I be fired while on workers' comp in Alabama?
Ala. Code 25-5-11.1 prohibits terminating an employee solely because the employee pursued a workers' compensation claim or filed a written notice of a safety-rule violation. However, Alabama is an at-will employment state, and an employer may still lawfully end employment for unrelated reasons. If you believe your termination was retaliatory, consult an attorney.
Can I sue my employer for a work injury in Alabama?
Generally no. Ala. Code 25-5-52 and 25-5-53 make workers' compensation the exclusive remedy against your employer, and Ala. Code 25-5-14 records the Legislature's intent to give employers complete immunity. The openings the statute leaves mostly run elsewhere: Ala. Code 25-5-11(b) allows a willful-conduct action against a co-employee, officer, agent, or the compensation carrier, and Ala. Code 25-5-11(a) allows a damages action against a third party who also created liability for your injury. If your employer failed to carry required coverage, the statutory consequence is double compensation under Ala. Code 25-5-8(e), not a tort suit against the employer.
Updates
Corrected the medical-care section: Alabama employers select the initial treating physician and the employee's choice is a second doctor from an employer-provided panel of four, not a free choice of doctor; also corrected the five-employee coverage threshold to include its residential-construction carve-out, the consequences of an employer failing to carry coverage (double compensation, not loss of exclusive remedy), who the willful-conduct lawsuit runs against, and the 21-day retroactive-pay trigger.
Corrected the injury-notice deadline: Ala. Code 25-5-78 sets the absolute bar to compensation at 90 days, not 5 days. The 5-day mark only affects whether benefits are paid retroactively to the date of the accident. Fixed in KeyTakeaways, the Deadlines section, the post-injury checklist, and the FAQ.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Alabama 1975, Title 25: Industrial Relations and Labor.
§ 25-5-51Right to Compensation for Injuries or Death; Grounds for Denial of Compensation.In force
If an employer is subject to this article, compensation, according to the schedules hereinafter contained, shall be paid by the employer, or those conducting the business during bankruptcy or insolvency, in every case of personal injury or death of his or her employee caused by an accident arising out of and in the course of his or her employment, without regard to any question of negligence. Notwithstanding the foregoing, no compensation shall be allowed for an injury or death caused by the willful misconduct of the employee, by the employee’s intention to bring about the injury or death of himself or herself or of another, his or her willful failure or willful refusal to use safety appliances provided by the employer or by an accident due to the injured employee being intoxicated from the use of alcohol or being impaired by illegal drugs. A positive drug test conducted and evaluated pursuant to standards adopted for drug testing by the U.S. Department of Transportation in 49 C.F.R. Part 40 shall be a conclusive presumption of impairment resulting from the use of illegal drugs.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 25-5-50Applicability; Exemptions; Coverage for School Boards, Volunteer Fire Departments, and Rescue Squads; Sports Officials.In force
(a) This article and Article 2 of this chapter shall not be construed or held to apply to an employer of a domestic employee; an employer of a farm laborer; an employer of a person whose employment at the time of the injury is casual and not in the usual course of the trade, business, profession, or occupation of the employer; an employer who regularly employs less than five employees in any one business, other than the business of constructing or assisting on-site in the construction of new single-family, detached residential dwellings; or a municipality having a population of less than 2,000 according to the most recent federal decennial census.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- JWM, INC. v. Raines (Court of Civil Appeals of Alabama 2000, 779 So. 2d 247)“…m coverage under the Workers' Compensation Act, pursuant to Ala. Code 1975, § 25-5-50 (a), which states in pertinent part:…”
- Ward v. Check Into Cash of Alabama, LLC (Court of Civil Appeals of Alabama 2007, 981 So. 2d 434)“…workers' compensation insurance coverage is not available. Ala. Code 1975, § 25-5-50(a). In other words, covered employers m…”
- Patrick v. Miller (Court of Civil Appeals of Alabama 1983, 440 So. 2d 1096)“…as such is exempted from workmen’s compensation coverage by Ala.Code § 25-5-50 (1975). The employer submitted an affid…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-78Written Notice to Employer of Accident - Required.In force
For purposes of this article only, an injured employee or the employee’s representative, within five days after the occurrence of an accident, shall give or cause to be given to the employer written notice of the accident. If the notice is not given, the employee or the employee’s dependent shall not be entitled to physician’s or medical fees nor any compensation which may have accrued under the terms of this article, unless it can be shown that the party required to give the notice had been prevented from doing so by reason of physical or mental incapacity, other than minority, fraud or deceit, or equal good reason. Notwithstanding any other provision of this section, no compensation shall be payable unless written notice is given within 90 days after the occurrence of the accident or, if death results, within 90 days after the death.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- Thomas v. Gold Kist, Inc. (Court of Civil Appeals of Alabama 1993, 628 So. 2d 864)“…had not provided timely notice of injury in accordance with Ala. Code 1975, § 25-5-78 , and it entered judgment in favor of G…”
- Hooker Construction, Inc. v. Walker (Court of Civil Appeals of Alabama 2001, 825 So. 2d 838)“…urt's finding that Walker gave proper notice of his injury. Ala. Code 1975, § 25-5-78 , states: "For purposes of this art…”
- North River Ins. Co. v. Purser (Court of Civil Appeals of Alabama 1992, 608 So. 2d 1379)“…ice can be sufficient to satisfy the notice requirements of Ala. Code 1975, § 25-5-78 , and written notice is not required if…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-77Expenses of Medical and Surgical Treatment, Vocational Rehabilitation, Medicine, Etc.; Medical Examinations; Review by Ombudsman of Medical Services.In force
(a) In addition to the compensation provided in this article and Article 4 of this chapter, the employer, where applicable, shall pay the actual cost of the repair, refitting, or replacement of artificial members damaged as the result of an accident arising out of and in the course of employment, and the employer, except as otherwise provided in this amendatory act, shall pay an amount not to exceed the prevailing rate or maximum schedule of fees as established herein of reasonably necessary medical and surgical treatment and attention, physical rehabilitation, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus as the result of an accident arising out of and in the course of the employment, as may be obtained by the injured employee or, in case of death, obtained during the period occurring between the time of the injury and the employee’s death therefrom.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 65 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Ex Parte Southeast Alabama Medical Center (Court of Civil Appeals of Alabama 2002, 835 So. 2d 1042)“…his court, both parties argue at length as to the import of Ala. Code 1975, § 25-5-77(a), and City of Auburn v. Brown, 63…”
- Ex Parte Fort James Operating Co. (Supreme Court of Alabama 2004, 895 So. 2d 294)“…on payments, Ala. Code 1975, § 25-5-57 ; medical expenses, Ala. Code 1975, § 25-5-77 (a) and (b); vocational rehabilitation,…”
- Holy Family Catholic School v. Boley (Court of Civil Appeals of Alabama 2002, 847 So. 2d 371)“…ds," to the Alabama Workers' Compensation Act, specifically Ala.Code 1975, § 25-5-77. The employer makes no mention of these…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-59Waiting Period for Compensation; Penalty for Overdue Compensation Payments.In force
(a) For purposes of this article, except for scheduled injuries as provided in Section 25-5-57(a)(3), compensation for the first three days of disability shall not be payable, nor shall compensation be paid in any case unless the employer has actual knowledge of the injury or is notified thereof within the period specified in Section 25-5-78. (b) Compensation shall begin with the fourth day after disability, and if the disability from the injury exists for a period as much as 21 days, compensation for the first three days after the injury shall be added to and payable with the first installment due the employee after the expiration of the 21 days. If any installment of compensation payable is not paid without good cause within 30 days after it becomes due, there shall be added to the unpaid installment an amount equal to 15 percent thereof, which shall be paid at the same time as, but in addition to, the installment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- Ex Parte Fort James Operating Co. (Supreme Court of Alabama 2004, 895 So. 2d 294)“…75, § 25-5-77 (f); and penalties for overdue compensation, Ala. Code 1975, § 25-5-59 . Fort James cannot and should not be e…”
- North River Ins. Co. v. Purser (Court of Civil Appeals of Alabama 1992, 608 So. 2d 1379)“…urposes; namely, to determine North River's liability under Ala. Code 1975, § 25-5-59 . The record does not indicate that Ken…”
- Turnipseed v. McCafferty (Court of Civil Appeals of Alabama 1987, 521 So. 2d 31)“…ployee. However, we would point out to the trial court that Ala. Code 1975, § 25-5-59 , provides for the assessment of a ten…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-53Rights and Remedies of Employees, Etc., Exclusive; Civil and Criminal Liability of Employers, Etc.In force
The rights and remedies granted in this chapter to an employee shall exclude all other rights and remedies of the employee, his or her personal representative, parent, dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss of services, or death. Except as provided in this chapter, no employer shall be held civilly liable for personal injury to or death of the employer’s employee, for purposes of this chapter, whose injury or death is due to an accident or to an occupational disease while engaged in the service or business of the employer, the cause of which accident or occupational disease originates in the employment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Goodyear Tire v. J.M. Tull Metals (Supreme Court of Alabama 1993, 629 So. 2d 633)“…ontract to procure insurance must be considered in light of Ala. Code 1975, § 25-5-53 notwithstanding our holding that the e…”
- Wooley v. Shewbart (Supreme Court of Alabama 1990, 569 So. 2d 712)“…not agree, however, that the bad faith claim is governed by Ala. Code 1975, § 25-5-53 . Because the Workmen's Compensation…”
- Rhodes v. Alabama Power Co. (Supreme Court of Alabama 1992, 599 So. 2d 27)“…hodes was working. Alabama Power asserted that, pursuant to Ala. Code 1975, § 25-5-53 , it was immune from such an action und…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-52Manner of Compensation, Etc., Provided by Chapter Exclusive.In force
Except as provided in this chapter, no employee of any employer subject to this chapter, nor the personal representative, surviving spouse, or next of kin of the employee shall have a right to any other method, form, or amount of compensation or damages for an injury or death occasioned by an accident or occupational disease proximately resulting from and while engaged in the actual performance of the duties of his or her employment and from a cause originating in such employment or determination thereof.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Busby v. Truswal Systems Corp. (Supreme Court of Alabama 1989, 551 So. 2d 322)“…325 The exclusivity provisions of the Act are found at Ala.Code 1975, §§ 25-5-52 and 25-5-53. Section 25-5-52 provides:…”
- Landers v. O'Neal Steel, Inc. (Supreme Court of Alabama 1990, 564 So. 2d 925)“…lusive remedy provisions of the Workmen's Compensation Act, Ala. Code 1975, §§ 25-5-52 and -53, to his action against his emp…”
- Richardson v. PSB Armor, Inc. (Supreme Court of Alabama 1996, 682 So. 2d 438)“…originating in such employment or determination thereof." Ala.Code 1975, § 25-5-52. Section 25-5-53 similarly provides, in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-11Actions Against Third Parties Jointly Liable with Employers for Injuries or Death; Actions for Injury or Death Resulting from Willful Conduct; Attorney’s Fees in Settlements with Third Parties.In force
(a) If the injury or death for which compensation is payable under Articles 3 or 4 of this chapter was caused under circumstances also creating a legal liability for damages on the part of any party other than the employer, whether or not the party is subject to this chapter, the employee, or his or her dependents in case of death, may proceed against the employer to recover compensation under this chapter or may agree with the employer upon the compensation payable under this chapter, and at the same time, may bring an action against the other party to recover damages for the injury or death, and the amount of the damages shall be ascertained and determined without regard to this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 128 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Bailey v. Hogg (Supreme Court of Alabama 1989, 547 So. 2d 498)“…device unnecessary or ineffective." (Emphasis supplied.) Ala. Code 1975, § 25-5-11 (c)(2). There is no evidence that the…”
- Trott v. Brinks, Inc. (Supreme Court of Alabama 2007, 972 So. 2d 81)“…penses in a wrongful death action is inconsistent both with Ala. Code, 1975 § 25-5-11 and with the principles of subrogation.…”
- Moore v. Reeves (Supreme Court of Alabama 1991, 589 So. 2d 173)“…ned injuries to his back. Moore sued the defendants under Ala. Code 1975, § 25-5-11 (c)(2) (a provision of the Alabama Work…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-11.1Employee Not to Be Terminated Solely for Action to Recover Benefits nor for Filing Notice of Safety Rule Violation.In forcecited in 4 of our articles
No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers’ compensation benefits under this chapter or solely because the employee has filed a written notice of violation of a safety rule pursuant to subdivision (c)(4) of Section 25-5-11.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 110 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Continental Eagle Corp. v. Mokrzycki (Supreme Court of Alabama 1992, 611 So. 2d 313)“…rm. Mokrzycki, alleging retaliatory discharge, sued under Ala. Code 1975, § 25-5-11.1 . He claimed that Continental Eagle Cor…”
- Consolidated Stores, Inc. v. Gargis (Court of Civil Appeals of Alabama 1996, 686 So. 2d 268)“…g Lots ("Big Lots"), alleging a retaliatory discharge under Ala.Code 1975, § 25-5-11.1. Big Lots filed, in open court, a motio…”
- Dunlop Tire Corp. v. Allen (Supreme Court of Alabama 1998, 725 So. 2d 960)“…Dunlop Tire Corporation (hereinafter "Dunlop") pursuant to Ala.Code 1975, § 25-5-11.1, claiming that his employment with Dunl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Whistleblower Laws: Protections and How to Report, Alabama At-Will Employment Laws: Exceptions and Your Rights, Wrongful Termination in Alabama (2026): Laws, Deadlines, How to File
§ 25-5-1Definitions.In force
Throughout this chapter, the following words and phrases as used therein shall be considered to have the following meanings, respectively, unless the context shall clearly indicate a different meaning in the connection used: (1) COMPENSATION. The money benefits to be paid on account of injury or death, as provided in Articles 3 and 4. The recovery which an employee may receive by action at law under Article 2 is termed “recovery of civil damages,” as provided for in Sections 25-5-31 and 25-5-34. “Compensation” does not include medical and surgical treatment and attention, medicine, medical and surgical supplies, and crutches and apparatus furnished an employee on account of an injury. (2) CHILD or CHILDREN. The terms include posthumous children and all other children entitled by law to inherit as children of the deceased; stepchildren who were members of the family of the deceased, at the time of the accident, and were dependent upon him or her for support; a grandchild of the deceased employee, whose father is dead or is an invalid, and who was supported by and a member of the family of the deceased grandparent at the time of the accident. (3) DEPENDENT CHILD or ORPHAN.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 225 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Ex Parte Patterson (Supreme Court of Alabama 1990, 561 So. 2d 236)“…seeking compensation under the Workmen's Compensation Act, Ala. Code 1975, § 25-5-1 et seq. After hearing ore tenus evid…”
- Ex Parte Cowabunga, Inc. (Court of Civil Appeals of Alabama 2011, 67 So. 3d 136)“…vered by the Alabama Workers' Compensation Act ("the Act"), Ala.Code 1975, § 25-5-1 et seq., and requiring the employer to…”
- Brown v. Wal-Mart Stores, Inc. (Court of Civil Appeals of Alabama 2002, 864 So. 2d 1100)“…behalf of her employer under our Workers' Compensation Act, Ala.Code 1975, § 25-5-1 et seq. ("the Act"). The trial court re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-14Legislative Findings and Intent as to Actions Filed by Injured Employee Against Officers, Etc., of Same Employer.In force
The Legislature finds that actions filed on behalf of injured employees against officers, directors, agents, servants, or employees of the same employer seeking to recover damages in excess of amounts received or receivable from the employer under the workers’ compensation statutes of this state and predicated upon claimed negligent or wanton conduct resulting in injuries arising out of and in the course of employment are contrary to the intent of the Legislature in adopting a comprehensive workers’ compensation scheme and are producing a debilitating and adverse effect upon efforts to retain existing, and to attract new industry to this state. Specifically, the existence of such causes of action places this state at a serious disadvantage in comparison to the existing laws of other states with whom this state competes in seeking to attract and retain industrial operations which would provide better job opportunities and increased employment for people in this state.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- Reed v. Brunson (Supreme Court of Alabama 1988, 527 So. 2d 102)“…ng industry and achieving complete employer immunity. See Ala. Code § 25-5-14 . "Co-employee lawsuits involve a sin…”
- Thermal Components, Inc. v. Golden (Supreme Court of Alabama 1998, 716 So. 2d 1166)“…willful conduct on the part of [the] defendants"); see also Ala. Code 1975, § 25-5-14 ("The legislature finds that actions f…”
- Brunson v. Lucas (Court of Civil Appeals of Alabama 2008, 5 So. 3d 1274)“…an injured employee, except as provided for herein.” Ala.Code 1975, § 25-5-14. Sections 25-5-11 and 25-5-53 al…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-8Employers’ Options to Secure Payment of Compensation.In force
(a) Option to insure risks. An employer subject to this chapter may secure the payment of compensation under this chapter by insuring and keeping insured his or her liability in some insurance corporation, association, organization, insurance association, corporation, or association formed of employers and workers or formed by a group of employers to insure the risks under this chapter, operating by mutual assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance association, organization, or corporation shall have first had its contract and plan of business approved in writing by the Commissioner of the Department of Insurance of Alabama and have been authorized by the Department of Insurance to transact the business of workers’ compensation insurance in this state and under the plan. Notwithstanding any other provision of the law to the contrary, the obligations of employers under law for workers’ compensation benefits for injury of employees may be insured by any combination of life, disability, accident, health, or other insurance provided that the coverages insure without limitation or exclusion the workers’ compensation benefits of this state.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2009
Opinions citing this section in our collection:
- Gilliam v. Akzo Nobel Industrial Fibers, Inc. (Court of Civil Appeals of Alabama 1997, 710 So. 2d 445)“…he majority that Akzo may not terminate Gilliam pursuant to Ala.Code 1975, § 25-5-8(g)(2). However, Akzo would not be precl…”
- Kelley v. SHELBY COUNTY HEALTH CARE (Court of Civil Appeals of Alabama 1993, 638 So. 2d 898)“…Code 1975, § 25-5-77 , with private insurance companies. Ala. Code 1975, § 25-5-8 (a), provides that "[a]n employer .…”
- Cigna Insurance Co. v. Ward (Court of Civil Appeals of Alabama 1994, 658 So. 2d 504)“…ate of the order. The award included a penalty, pursuant to Ala.Code 1975, § 25-5-8(e), for Horton’s failure to secure work…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Alabama Department of Labor, Workers' Compensation Division(labor.alabama.gov).gov
- Alabama Workers' Compensation Act, Ala. Code 25-5-1 et seq.(labor.alabama.gov).gov
- Ala. Code 25-5-77 - Expenses of Medical and Surgical Treatment; Medical Examinations (employer selects initial treating physician; panel of four)(alison.legislature.state.al.us)
- Ala. Code 25-5-50 - Applicability; Exemptions (five-employee threshold and the residential-construction carve-out)(alison.legislature.state.al.us)
- Ala. Code 25-5-59 - Waiting Period for Compensation; Penalty for Overdue Payments(alison.legislature.state.al.us)
- Ala. Code 25-5-8 - Employers' Options to Secure Payment of Compensation (penalties for failure to secure coverage)(alison.legislature.state.al.us)
- Ala. Code 25-5-11 - Actions Against Third Parties; Actions for Injury Resulting from Willful Conduct(alison.legislature.state.al.us)
- Ala. Code 25-5-14 - Legislative Findings and Intent (complete immunity to employers, limited immunity to co-employees)(alison.legislature.state.al.us)
- Ala. Code 25-5-53 - Rights and Remedies of Employees Exclusive(alison.legislature.state.al.us)
- Ala. Code 25-5-11.1 - Employee Not to Be Terminated Solely for Action to Recover Benefits(alison.legislature.state.al.us)
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