Key Takeaways

  • Alabama workers' compensation is mandatory for employers with 5 or more employees
  • Workers' compensation provides exclusive remedy - employees cannot sue employer for negligence
  • Benefits include medical care, temporary total disability (66 2/3% of wages), and permanent disability
  • Employers can obtain coverage from private insurers, self-insure with approval, or use assigned risk pool
  • Contributory negligence does NOT apply to workers' compensation claims
Last updated: January 2026

Alabama Workers' Compensation Insurance

Alabama has specific workers' compensation requirements that differ from its contributory negligence rules.

Coverage Requirements

Alabama workers' compensation is mandatory for most employers:

Who Must Carry Coverage

Employer TypeRequirement
5+ EmployeesCoverage REQUIRED
Fewer than 5 EmployeesCoverage optional
Construction IndustrySpecial rules may apply
AgriculturalGenerally exempt
Domestic WorkersGenerally exempt

Exam Tip: Alabama requires workers' comp for employers with 5 or more employees. This is different from states requiring coverage for all employers.

Exclusive Remedy Doctrine

Workers' compensation provides exclusive remedy:

How It Works

  • Employee receives workers' comp benefits
  • Employee cannot sue employer for negligence
  • Trade-off: guaranteed benefits vs. no lawsuit option
  • Exception: intentional harm by employer

Key Point: Contributory Negligence

Unlike regular negligence claims:

  • Contributory negligence does NOT apply to workers' comp
  • Employee fault does not bar benefits
  • Benefits paid regardless of who was at fault
  • Only exception: willful misconduct or intoxication

Coverage Options

Alabama employers have several options:

How to Obtain Coverage

OptionDescription
Private InsurancePurchase from admitted insurer
Self-InsuranceLarge employers with ALDOI approval
Assigned Risk PoolFor hard-to-place employers
Group Self-InsuranceQualified employer groups

Benefits

Workers' compensation provides these benefits:

Benefit Types

BenefitDescription
Medical CareAll reasonable medical treatment
Temporary Total Disability (TTD)66 2/3% of wages
Temporary Partial Disability (TPD)Partial wage replacement
Permanent Partial Disability (PPD)Based on impairment rating
Permanent Total Disability (PTD)Ongoing benefits for total disability
Death BenefitsTo dependents

Benefit Calculations

  • TTD: 66 2/3% of average weekly wage
  • Maximum weekly benefit: Set by statute annually
  • 3-day waiting period before income benefits
  • Medical benefits have no limit

Duration

  • TTD: Until return to work or maximum medical improvement
  • PPD: Based on schedule (weeks per body part)
  • PTD: Potentially lifetime

Rate Regulation

Alabama workers' compensation rates:

NCCI

  • Alabama uses NCCI (National Council on Compensation Insurance) rates
  • Base rates set by classification
  • Experience modification affects individual employer rates
  • Loss-sensitive rating plans available

Claims Process

Filing a Claim

  1. Employee reports injury to employer
  2. Employer notifies insurer
  3. Insurer investigates and determines compensability
  4. Benefits paid if claim approved
  5. Disputes resolved through Alabama Department of Labor
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Alabama Workers' Compensation System
Test Your Knowledge

How many employees must an Alabama employer have before workers' compensation is required?

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Test Your Knowledge

What percentage of wages does Alabama workers' compensation temporary total disability (TTD) pay?

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Test Your Knowledge

Does contributory negligence apply to Alabama workers' compensation claims?

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Test Your Knowledge

What does the exclusive remedy doctrine mean in workers' compensation?

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