When Should I Appeal an Alabama Workers’ Compensation Denial?

If your Alabama workers’ compensation claim has been denied, you must act quickly—you have 15 calendar days from the date you receive the denial by mail, or 7 calendar days if received in person, to file a written appeal with the Alabama Department of Labor’s Hearings and Appeals Division.

Failing to act within this critical timeframe could permanently bar you from receiving benefits that cover your medical expenses, lost wages, and rehabilitation costs. To give yourself the best chance at a successful appeal, understanding the process and your legal options is key.

Why Was My Workers’ Compensation Claim Denied?

Before filing an appeal, it’s essential to understand why your claim was denied. Common reasons for denial include:

• Missing important deadlines (such as not reporting the injury within the required time).
• Disputes about whether the injury is work-related.
• Insufficient medical evidence to prove the extent of your injury.
• Pre-existing conditions being blamed instead of the work accident.
• Employer or insurer alleging that the injury occurred outside of job duties.

Once you identify the reason for denial, you can begin building a solid case to dispute it.

How Long Do I Have to Appeal in Alabama?

Under Alabama law, the timeline to appeal a workers’ compensation denial depends on how you received the notice:

• 15 calendar days if the denial was mailed to you.
• 7 calendar days if the notice was delivered in person.

These deadlines are strict and cannot be extended, so it’s important to start preparing your appeal as soon as you receive the notice.

How Do I Appeal a Denied Workers’ Comp Claim in Alabama?

Alabama is unique in that it does not use a workers’ compensation board or administrative law judge to hear appeals. Instead, all appeals must be filed in the state civil court system.

Here’s what you should do:

1. Review the Denial Letter Thoroughly

Your denial letter should explain why your claim was rejected. Identifying the cause helps you determine what additional documentation or legal arguments are needed.

2. Gather Compelling Evidence

Strong evidence is the cornerstone of a successful appeal. This may include:

• Updated medical records and doctor’s statements.
• Workplace accident reports.
• Photos or video footage of the accident scene.
• Witness testimonies from coworkers.
• Expert opinions supporting your diagnosis and limitations.

3. Consult a Workers’ Compensation Attorney

Workers’ comp law in Alabama is complex. An experienced attorney can evaluate your case, collect the necessary documentation, and file your lawsuit in the correct court—typically the Circuit Court in the county where the injury occurred or where your employer is located.

4. File the Lawsuit Promptly

Ensure your attorney files the lawsuit within the required 7 or 15-day window. Missing this deadline usually results in an automatic loss of rights.

What Happens After Filing the Appeal?

Once your case is filed in court, it becomes a civil lawsuit. You and your attorney may go through:

• Discovery: Both sides exchange documents and evidence.
• Depositions: Witnesses, including medical experts, may be questioned under oath.
• Mediation or Settlement Talks: Many cases resolve before trial.
• Trial: If no settlement is reached, the case may proceed to a judge or jury for a decision.

Appeals can take several months or longer, depending on the complexity of the case. During this time, your legal team works to prove the denial was unfounded and that you’re entitled to full benefits.

Don’t Wait — Get the Legal Help You Deserve

At Drake Injury Lawyers, we know how overwhelming it can be to receive a workers’ compensation denial when you’re already dealing with the stress of an injury and missed income. That’s why our experienced team is here to guide you through every step of the appeals process—from reviewing your denial and strengthening your evidence, to filing your appeal and representing you in court. Time is not on your side, and missing a deadline could cost you the benefits you need. Call Drake Injury Lawyers today or fill out our online form for a free consultation. We’re ready to fight for the compensation you deserve so you can focus on healing and moving forward.