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WorkersCompDeadline

Alabama · workers' compensation

Alabama workers' comp filing deadline

Claim or verified complaint must be filed within 2 years of date of injury, or within 2 years of last compensation payment (§25-5-80; §25-5-117 for occupational disease)
PartialAla. Code §25-5-78 (notice); §25-5-80 (limitations, accidental injury); §25-5-117 (limitations, occupational disease)

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Notice to employer

5d

Written notice within 5 days; absolute bar at 90 days unless employer had actual knowledge or notice excused for incapacity, fraud, or equal good reason (§25-5-78)

Filing with the state

2yr

Claim or verified complaint must be filed within 2 years of date of injury, or within 2 years of last compensation payment (§25-5-80; §25-5-117 for occupational disease)

Ala. Code §25-5-78 (notice); §25-5-80 (limitations, accidental injury); §25-5-117 (limitations, occupational disease)

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Exceptions and tolling

Statute-of-limitations rules have many exceptions that can extend or pause the clock. The most common in Alabama:

  • Occupational disease — last injurious exposure

    §25-5-117 ties occupational disease 2-year clock to date of injury, which courts treat as date of last injurious exposure for cumulative/disease claims.

  • Minor tolling

    Pending

  • Mental / disability tolling

    Notice period excused for physical or mental incapacity per §25-5-78; filing tolling: Pending

  • Death claim deadline

    Survivors filing for death benefits typically have 2 years from date of death. This calculator does not yet handle death claims; consult a lawyer for those.

Leading case

Pending

Pending

Pending

About this entry

Some sub-elements of this entry (typically minor tolling, mental-disability tolling, or the leading case) haven't been independently verified.

Attribution

Primary source
https://alisondb.legislature.state.al.us/alison/codeofalabama/1975/coatoc.htm