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.