What are the Notice Requirements

Generally speaking, under the Act an employee has five (5) days to notify the employer of 

his/her on-the-job accident.  Oftentimes, of course, the employer will know about an on-the-job 

injury through a First Report of Injury or through coworkers and supervisory personnel 

witnessing it.  Furthermore, there are exceptions to the five-day rule if the employee can show 

that he/she was not able to give notice due to physical or mental incapacity (such as being in the 

hospital) or for other good reason.  This is known as a “savings” provision and it protects 

employees from a short and sometimes harsh notice rule.  However, there is an additional and 

absolute ninety (90) day deadline after the date of the accident which the employee must meet, 

without regard to the reason for the failure to notify.  Section 25-5-78 of the Act says, 

“notwithstanding any other provision of this section, no compensation shall be payable unless 

written notice is given within 90 days after the occurrence of the accident or, if death results, 

within 90 days after the death.”  This ninety-day notice requirement is mandatory and there have 

been instances in Alabama cases where the deadline was not met by the employee and coverage 

was denied.

In other words, the rule is this:  you’re probably excused while you’re lying in the hospital bed 

from filing a written notice within 5 days of the accident; you are not excused if you wait 90 

days after the accident occurred to give written notice.  How to avoid trouble?  Report your 

accident as soon as you can and you’ll be covered.