Are You Covered?
COVERAGE
1. In January 1919, Alabama enacted the Alabama Workers Compensation Act (“the Act”). The
goal of the Act was to “define the liabilities of employers of workmen for injuries received by
the workman while in the service of the employer.” The goal of the Act was to establish a fair
system of compensation for employees injured while in the service of employers in the State of
Alabama and it attempted to accomplish that goal by establishing a “no fault” and “exclusive”
remedy for the injured employee.
Who are covered employers and employees under the Act? It is presumed that every employer
and employee has accepted, and comes under, the articles of the Act unless otherwise specified
in the Act. This generally means that all employers and employees in the State of Alabama are
covered under the Act unless they elect out of coverage. Section 25-5-50(a) allows employers to
opt out of the Act by written notification to each employee to its withdrawal from coverage and
posting a notice conspicuously in the workplace that workers compensation insurance coverage
is not available. While this could be done, it is an absolute rarity because by choosing to elect
out of coverage, an employer is exposed to liability for personal injury damages without any of
its common law defenses, exposing it to expanded liability with little way to defend itself. In
other words, with the exception of the specific exclusions mention in the Act (i.e., domestic
employees, employers of farm laborers, casual employers, employers who regularly employ less
than five employees, and municipalities having a population of less than 2000) the presumption,
again, is that in the Alabama workplace there is coverage under the Alabama Workers
Compensation Act for almost all employees