ExpertLaw - Your Source for Legal Information



Alabama Worker's Compensation Benefits

Important Notice: The following overview of Alabama's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Alabama's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Alabama.

Contents

Introduction

Alabama's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Special Employment Situations

Employers with fewer than five employees are exempt from the state's worker's compensation act. Agricultural employers may secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. Employers may provide voluntary worker's compensation coverage for domestic servants.

Medical Benefits & Choice of Physician

Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the physician who will provide care.

Disability Benefits Provided

Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability.

Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability.

Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment. Payments for PPD continue for up to 300 weeks. Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.

Benefits may be available for serious disfigurement that materially affects employability.

Physical and vocational rehabilitation benefits are available.

Within certain constraints and filing deadlines, occupational hearing losses may be compensable.

Death Benefits Provided

Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.

Limits on Attorney Fees

Attorney fees for claimants are limited by statute to 15% of the award, subject to court approval.