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25-5-191
Section 25-5-191 Right to compensation for injury or death. Where the employer and employee
are subject to the provisions of this chapter, the disablement or death of an employee caused
by occupational exposure to radiation, as defined in this article, shall be treated as an
injury by accident, and the employee or, in case of his death, his dependents shall be entitled
to compensation as provided in this article. In no case, however, shall an employer be liable
under this article for compensation by reason of exposure to radiation or for disability or
death resulting therefrom unless such exposure arose out of and in the course of the employment
and resulted from the nature of the employment in which the employee was engaged. (Acts 1967,
No. 521, p. 1245.)...
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25-5-193
Section 25-5-193 Manner of compensation, etc., provided by article exclusive. No employee
of any employer subject to this article, nor the personal representative, surviving spouse,
or next of kin of any such employee shall have any right to any other method, form, or amount
of compensation or damages for occupational exposure to radiation, or for injury, disability,
loss of service, or death resulting from such exposure, arising out of and in the course of
employment, or determination thereof, in any manner other than as provided in this article.
(Acts 1967, No. 521, p. 1245; Acts 1973, No. 1062, p. 1750, ยง34.)...
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25-5-197
Section 25-5-197 Limitation period for claims or actions for compensation. In case of
occupational exposure to radiation, as defined in this article, or of injury or disability
resulting therefrom, all claims for compensation shall be forever barred, unless within one
year after the employee first suffered disability therefrom and either knew or in the exercise
of reasonable diligence should have known that the disability was caused therefrom, but in
no event more than three years after date of the injury as hereinafter defined, the parties
shall have agreed upon the compensation payable under this article, or unless within such
period of time one of the parties shall have filed a verified complaint as provided in Section
25-5-88. In case of death, all claims for compensation shall be forever barred, unless the
death results proximately from occupational exposure to radiation, as defined in this article,
and occurs within three years of the date of the injury, as hereinafter defined,...
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25-5-194
Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil
and criminal liability of employers, etc. The rights and remedies granted in this article
shall exclude all other rights and remedies of an employee, his personal representative, parent,
surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise
on account of occupational exposure to radiation and on account of any injury, disability,
loss of service, or death resulting from occupational exposure to radiation. Except as provided
in this article, no employer included within the terms of this chapter and no officer, director,
agent, servant, or employee of such employer shall be held civilly liable for the occupational
exposure to radiation or for injury, disability, loss of service, or death of any employee
due to occupational exposure to radiation while engaged in the service or business of the
employer, the cause of which occupational exposure to radiation...
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25-5-117
Section 25-5-117 Limitation period for claims or actions for compensation. (a) In case
of the contraction of an occupational disease, as defined in this article, or of injury or
disability resulting therefrom, a claim for compensation, as defined in Section 25-5-1,
shall be forever barred, unless within two years after the date of the injury, as hereinafter
defined, the parties shall have agreed upon the compensation payable under this article, or
unless within two years after the date of the injury, one of the parties shall have filed
a verified complaint as provided in Section 25-5-88. In case of death, the claim shall
be forever barred, unless within two years after death, if death results proximately from
the occupational disease, as defined in this article, and death occurs within three years
of the date of the injury, as hereinafter defined, the parties have agreed upon the compensation
under this article, or unless within two years after death, one of the parties shall have...
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25-5-111
Section 25-5-111 Right to compensation for death or disablement. Where the employer
and employee are subject to this chapter, the disablement or death of an employee caused by
the contraction of an occupational disease, as defined in Section 25-5-110, shall be
treated as an injury by accident, and the employee or, in case of his death, his dependents
shall be entitled to compensation as provided in this article. In no case, however, shall
an employer be liable for compensation by reason of the contraction of an occupational disease,
as defined in Section 25-5-110, or for disability or death resulting therefrom unless
such disease arose out of and in the course of the employment and resulted from the nature
of the employment in which the employee was engaged. (Acts 1971, No. 668, p. 1379.)...
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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is
the schedule of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary
total disability, the compensation shall be 66 2/3 percent of the average weekly earnings
received at the time of injury, subject to a maximum and minimum weekly compensation as stated
in Section 25-5-68, but if at the time of injury the employee received average weekly
earnings of less than the minimum stated in Section 25-5-68, then he or she shall receive
the full amount of the average weekly earnings per week. This compensation shall be paid during
the time of the disability, but at the time as a temporary total disability shall become permanent,
compensation for the continued total disability shall be governed by (a)(4) of this section
with respect to permanent total disability. Payments are to be made at the intervals when
the earnings were payable, as nearly as may be, unless the parties otherwise agree....
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25-5-195
Section 25-5-195 False written representation to employer as to previous compensation
for exposure to radiation. If any employee, at the time of or in the course of entering into
the employment of the employer by whom the compensation would otherwise be paid, wilfully
and falsely represented himself in writing to such employer as not having previously been
disabled, laid off or compensated in damages, workers' compensation, or otherwise, because
of occupational exposure to radiation, or as not having previously been subjected to occupational
exposure to radiation, such employee, his personal representative, parents, surviving spouse,
dependents, and next of kin shall be barred from compensation or other benefits provided by
this article or from recovery at common law, by statute, contract, or otherwise on account
of occupational exposure to radiation subsequent to such representation and while in the employ
of such employer. (Acts 1967, No. 521, p. 1245.)...
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25-5-199
Section 25-5-199 Computation of compensation and benefits payable under article. The
compensation payable for death or disability caused by occupational exposure to radiation
shall be computed in the same manner and in the same amounts as provided in Article 3 of this
chapter for computing compensation for disability or death resulting from an accident arising
out of and in the course of the employment, and the medical, surgical, hospital, and burial
benefits payable under this article caused by said exposure shall be computed in the same
manner and in the same amounts as provided in Article 3 of this chapter for computing like
benefits. The date of injury, as defined in Section 25-5-197, shall be considered the
date of the accident for determining the applicable medical, surgical, and hospital benefits,
the minimum and maximum weekly benefits and the limitation on the total amount of compensation
payable for occupational exposure to radiation. (Acts 1967, No. 521, p. 1245; Acts 1975,...
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25-5-1
Section 25-5-1 Definitions. Throughout this chapter, the following words and phrases
as used therein shall be considered to have the following meanings, respectively, unless the
context shall clearly indicate a different meaning in the connection used: (1) COMPENSATION.
The money benefits to be paid on account of injury or death, as provided in Articles 3 and
4. The recovery which an employee may receive by action at law under Article 2 of this chapter
is termed "recovery of civil damages," as provided for in Sections 25-5-31 and 25-5-34.
"Compensation" does not include medical and surgical treatment and attention, medicine,
medical and surgical supplies, and crutches and apparatus furnished an employee on account
of an injury. (2) CHILD or CHILDREN. The terms include posthumous children and all other children
entitled by law to inherit as children of the deceased; stepchildren who were members of the
family of the deceased, at the time of the accident, and were dependent upon him or...
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