Skip to content
MyClaimWorth
AL
★ Alabama · workplace

Workplace settlements
in Alabama.

By Reviewed by Abd Shanti, Founder9 min read

Alabama comp pays set amounts for injuries to listed body parts like a knee, and courts hold employees to that schedule. But medical coverage can last for decades: a worker badly hurt in 1990 still had his family paid to care for him at home under a settlement that kept medical expenses open.

Facts that decide a workplace claim in Alabama

Scheduled injuriesInjuries to a body part listed in the statutory schedule, such as a leg, are generally compensated under the schedule rather than as permanent total disability.Ala. Code § 25-5-57(a)(3)a., applied in Solomon Motor Co. v. Dean (Ala. Civ. App. 2008)
Care by family membersAttendant care provided at home by nonprofessional family members can be a compensable medical expense under the Workers’ Compensation Act.Alabama Forest Products Industry Workmen’s Compensation Self-Insurers’ Fund v. Harris (Ala. Civ. App. 2014)
Deadline to sueTwo years for “all actions for injury to the person or rights of another not arising from contract and not specifically enumerated.”Ala. Code § 6-2-38(l), as quoted in Nelson v. Megginson (Ala. 2014)
★ AL · reported workplace outcomes

What Alabama courts have awarded.

Real Alabama decisions and verdicts, each linked to the court record or official report.

  • Alabama Court of Civil Appeals · 2008
    Permanent total award reversed

    Earnest Dean sued his employer, Solomon Motor Company, over a work injury to his right knee, and the trial court found him permanently and totally disabled. The Court of Civil Appeals held the facts supported only permanent partial disability benefits under the statutory schedule for the leg, reversed and remanded.

  • Alabama Court of Civil Appeals · 2014
    Order to pay family attendant care affirmed

    Amos Harris suffered severe injuries to his pelvis and right leg in a 1990 work accident, and his surgeon wrote that he needed help at home. The insurer paid family members a monthly stipend, and his 1998 settlement kept the employer liable for reasonable and necessary medical expenses. He reached maximum medical improvement in 1992. When the fund later disputed paying for family care, the trial court ordered payment at the rate a state workers’ compensation rule allows, up to 8 hours a day at minimum wage, and the Court of Civil Appeals affirmed, overruling an earlier decision; the Supreme Court declined review.

★ AL · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Alabama.

  1. 1

    Know whether your injury is scheduled. A knee injury was held to the schedule in Solomon Motor.

  2. 2

    Keep future medical benefits open in any settlement. Harris’s open medical coverage paid for home care decades later.

  3. 3

    Get your doctor’s instruction on home help in writing, as Harris’s surgeon did in 1991.

★ AL · statute of limitations
2 years from date of injury

Ala. Code § 6-2-38

★ AL · fault rule
Pure contributory negligence

Pure contributory negligence, even 1% of fault attributed to the claimant bars all recovery. Alabama is one of only five US jurisdictions to retain this rule.

★ AL · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Alabama.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Alabama's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Alabama · you are herePure contributory negligence2 years from date of injury—
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · workplace →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · workplace →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · workplace →
MississippiPure comparative negligence3 years from date of injuryMS · workplace →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace →
MarylandPure contributory negligence3 years from date of injuryMD · workplace →
North CarolinaPure contributory negligence3 years from date of injuryNC · workplace →
VirginiaPure contributory negligence2 years from date of injuryVA · workplace →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace →
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace →
★ AL · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Alabama. See /methodology, /sources, and /disclaimer.