Going‑and‑Coming Rule in Alabama Workers' Compensation

What the Rule Covers

The Alabama going‑and‑coming rule mandates that an injured worker file a workers' compensation claim within 30 days of the injury date. The rule applies to all workplace injuries covered under state law, regardless of employer size or industry. Failure to file within this period generally bars recovery, unless a court finds an exception.

When the 30‑Day Clock Starts

The clock begins the day after the injury occurs. For accidents that happen during a commute, the injury day is the day the worker is injured, not the day they arrive at work. If an injury is discovered after the 30 days, the claim is typically denied unless the worker can prove a valid reason for delay.

Common Exceptions

Alabama law allows certain exceptions that can extend or override the 30‑day deadline:

• Medical Necessity – If medical treatment is required after the 30‑day window, a worker may file a claim. The claim must be supported by a medical record showing the injury's ongoing impact.
• Employer's Failure to Inform – If the employer failed to notify the worker of their rights within 30 days, the worker may file a claim later.
• Statutory Exceptions – For injuries that are not immediately apparent, such as certain repetitive strain injuries, a worker may file within 30 days of symptom onset.
• Legal Representation – If the worker has a lawyer who can prove that the injury was reported promptly, the court may allow a late filing.

How to Prove an Exception

Proving an exception requires documentation:

• Medical records dated after the 30‑day period that reference the injury.
• Witness statements or employer communications showing delayed notice.
• Legal filings that demonstrate prompt reporting to an attorney.

Consequences of Missing the Deadline

Claims denied under the rule result in loss of benefits such as wage replacement, medical coverage, and rehabilitation services. Workers may still pursue a lawsuit for damages, but that process is separate from workers' compensation benefits.

Strategic Steps for Workers

In practice, injured workers should:

• Report the injury to their supervisor immediately.
• Seek medical care promptly and keep detailed records.
• File the claim as soon as possible, ideally within a week of the injury.
• Consult an attorney if there are any doubts about the filing deadline.