Statute of Limitations
Alabama: 2 years from injury for civil lawsuits; workers' comp must be reported within 5 days and filed within 2 years
2 years (civil lawsuit); report to workers' comp within 5 days of injury
Where to File in Alabama
Alabama applies pure contributory negligence — one of only a handful of states that still bars a plaintiff from any recovery if they are even 1% at fault. This makes construction accident litigation in Alabama particularly demanding, as defense attorneys will aggressively argue any worker conduct contributed to the accident. Establishing clear third-party negligence (especially through OSHA citation evidence) before any contributory fault can be raised is the critical litigation strategy. Federal OSHA jurisdiction applies — Alabama does not have an approved state occupational safety plan. Cases are typically filed in the Circuit Courts of Alabama.
Exposure in Alabama
Source: BLS Census of Fatal Occupational Injuries 2024
Source: Alabama common law — Contributory Negligence Doctrine