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Summary of differences between federal and state regulations
There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Self-insurance by private carrier, individual employer, or groups of employers
Exemptions from WC: Employers with fewer than five employees, agricultural employers (voluntary)
Medical benefits provided: Full
Physician selection: Employer selected. Either the employer or employee may make selection of initial physician for physical rehabilitation.
Benefits for temporary total disability (TTD): 66 2/3 percent of average weekly earnings for duration of disability
Benefits for permanent total disability (PTD): 66 2/3 percent of average weekly earnings for duration of disability
Benefits for permanent partial disability (PPD): 66 2/3 percent of average worker’s wage for up to 300 weeks. The maximum workers’ compensation payable is $651 per week. In case a scheduled permanent partial disability follows or accompanies a period of temporary total disability resulting from the same injury, the period of TTD shall not be deducted from the maximum number of weeks set for each partial disability; in case of non-scheduled PPD, such periods shall be deducted.
Scheduled awards: Paid in addition to and upon termination of temporary total disability benefits. Awards are not reduced because of receipt of TTD benefits.
Disfigurement benefits: Serious, materially affecting employability disfigurements compensated at 66 2/3 percent of average weekly earnings.
Death benefits for surviving spouse and children: 50 percent of average weekly earnings for spouse only and 66 2/3 percent for spouse and children for a maximum of 500 weeks.
Maximum burial allowance: $6,500
Waiting period: 3 days for temporary total disability only. Compensation is retroactive if disability continues for 21 days from date of injury.
Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employers must provide VR upon request of VR specialist and physician and cover all costs including board, lodging, and travel. Employees must accept both PR and VR or their compensation may be suspended. Employee receives TTD plus board & lodging if away from home during rehabilitation.
Attorney fees: 15 percent, statute, determined by court
Occupational hearing loss statutes: Employee has 1 year to file for compensation. Benefits for one ear are $11,660, both are $35,860. Hearing loss is determined by medical evaluation with a deduction for pre-existing loss. Courts have authority for establishing criteria to be used in determining the degree of hearing loss for tinnitus (ringing noise).
The Alalinc Information Network: Alabama's Legal Information Center — catalog.alalinc.net/
A service provided by the state Supreme Court and the State Law Library, Alalinc offers links to Alabama's appellate court opinions, 11th Circuit Court of Appeals opinions, and U.S. Supreme Court opinions, plus links to resource materials from the Center for Law and Civic Education and filing guidelines and forms from the Alabama Secretary of State's office.
State
Contacts
Alabama Workers’ Compensation Division
Regulations
Code of Alabama 1975; Title 25, Chapter 5
Federal
Contacts
None.
Regulations
None.