Alabama Workers Comp
Alabama Workmans Comp - Compensation Law and Attorneys

Alabama workers' comp exists to protect employees as well as employers. It is designed to help employees and their families if they are injured or ill due to workplace events or conditions. Employees are eligible to receive replacement wages as well as payments for medical expenses. Of course there are many factors involved and the following information may help determine the benefits under specific situations.

Administration

The Director of the Department of Industrial Relations of the State of Alabama is responsible for administration of all items related to workman's compensation in Alabama. The Director maintains statistics for claims in the state and conducts investigations as necessary. An additional responsibility of the Director is ensuring there is a standardized claim reimbursement form to be used during claims.

Alabama Employers Responsibilities

Employers must maintain a record of injuries to an employee during their employment for which compensation is claimed or paid. A report must be submitted to the Department of Industrial Relations within 15 days of knowledge of the event.

Employers must submit compensation payment to employees within 30 days of having knowledge of the claim for compensation. If employers fail to do this, they must file a report with the Department of Industrial Relations detailing reasons for the nonpayment.

If requested by an employee in writing, an employer must appoint a safety committee. This committee must have at least 3 members and at least one member must be a non-manager employee. Any employee shall be able to speak with the safety committee regarding safety concerns in the workplace.

Alabama Employees Workers Comp

Coverage under Alabama law is comprehensive. All employees in regions having populations greater than 2,000, and employees of all county and city boards of education, the Alabama Institute for the Deaf and Blind, and all employees of the two-year colleges under the control of the State Board of Education are covered.

Employees are protected and may not be fired solely because they filed a workers comp claim or notified authorities of a safety violation in the workplace.

  • Compensation payment will be 66 2/3% of the employee’s average weekly wage (For approved claims and subject to the minimum and maximum amounts)

  • The average weekly wage (AWW) is calculated as (Earnings during last 52 weeks ÷ 52 weeks = AWW). In cases in which the employee does not have 52 weeks of employment, the employer may calculate based on an employee in a similar position.

  • Compensation pay should generally start within 30 days after it becomes due. There is a 3 day waiting period after the claim has been approved with the disability period starting the 4th day the employee is out of work.

  • The 3 day waiting period will not be included in compensation pay and will be lost unless the employee is out of work for more than 21 days.

  • Payment will NOT be received if an employee has refused to submit to a blood or urine analysis.

  • Employers may not refuse to acknowledge a workmans comp claim soley on the basis that there was no witness to the incident.

Alabama Workmans Comp Settlements

When Alabama workers comp settlements are reached, employers must submit details of the settlement to the Department of Industrial Relations. Exemptions are settlements approved by courts in Alabama.




In Alabama, Workers Compensation claims matters are handled by:

DEPARTMENT OF INDUSTRIAL RELATIONS
WORKERS' COMPENSATION DIVISION
649 MONROE STREET
MONTGOMERY, ALABAMA 36131
(334) 242-2868
1-800-528-5166
Website: http://dir.alabama.gov/wc


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