25-5-31
Section 25-5-31 Right of action for damages for injuries or death of employee. When personal
injury or death is caused to an employee by an accident arising out of and in the course
of his employment, of which injury the actual or lawfully imputed negligence of the
employer is the natural and proximate cause, he, or in case of death, his personal
representative, for the exclusive benefit of the surviving spouse and next of kin, shall receive
compensation by way of damages therefor from the employer; provided, that the injury
or death was not caused by the wilful misconduct of the employee or was not due to misconduct
on his part, as defined in Section 25-5-51. (Acts 1919, No. 245, p. 206; Code 1923, §7534;
Code 1940, T. 26, §253.)...
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