Code of Alabama

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25-5-78
Section 25-5-78 Written notice to employer of accident - Required. For purposes of this article
only, an injured employee or the employee's representative, within five days after the occurrence
of an accident, shall give or cause to be given to the employer written notice of the accident.
If the notice is not given, the employee or the employee's dependent shall not be entitled
to physician's or medical fees nor any compensation which may have accrued under the terms
of this article, unless it can be shown that the party required to give the notice had been
prevented from doing so by reason of physical or mental incapacity, other than minority, fraud
or deceit, or equal good reason. Notwithstanding any other provision of this section, no compensation
shall be payable unless written notice is given within 90 days after the occurrence of the
accident or, if death results, within 90 days after the death. (Acts 1919, No. 245, p. 206;
Code 1923, §7568; Code 1940, T. 26, §294; Acts 1992,...
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25-5-8
foregoing, the insurance association, organization, or corporation shall have first had its
contract and plan of business approved in writing by the Commissioner of the Department of
Insurance of Alabama and have been authorized by the Department of Insurance to transact the
business of workers' compensation insurance in this state and under the plan. Notwithstanding
any other provision of the law to the contrary, the obligations of employers under law for
workers' compensation benefits for injury of employees may be insured by any combination
of life, disability, accident, health, or other insurance provided that the coverages insure
without limitation or exclusion the workers' compensation benefits of this state. (b) Option
to operate as self-insurer. An employer subject to this chapter who elects not to insure his
or her liability thereunder shall furnish satisfactory proof to the secretary of his or her
financial ability to pay directly compensation in the amount and manner and...
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25-5-335
require the employee to submit to a substance abuse test as a follow-up to the program. Notwithstanding
the foregoing, if an employee voluntarily entered the program, follow-up testing shall not
be required. If follow-up testing is conducted, the frequency of the testing shall be at least
once a year for a two-year period after completion of the program and advance notice of the
testing date shall not be given to the employee. (5) If the employee has caused or contributed
to an on-the-job injury which resulted in a loss of work time, the employer shall require
the employee to submit to a substance abuse test. (b) Nothing in this article shall prohibit
a private employer from conducting random testing or other lawful testing of employees. (c)
All specimen collection and testing under this article shall be performed in accordance with
the following procedures: (1) A specimen shall be collected with due regard to the privacy
of the individual providing the specimen, and in a manner...
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25-5-290
Section 25-5-290 Ombudsman program, creation; purpose; members; notification of service; benefit
review conferences. (a) The Department of Industrial Relations shall establish an Ombudsman
Program to assist injured or disabled employees, persons claiming death benefits, employers,
and other persons in protecting their rights and obtaining information available under the
Workers' Compensation Law. (b) Providing that the employer and the employee agree to participate
in the benefit review conference, the ombudsmen shall meet with or otherwise provide information
to injured or disabled employees, investigate complaints, and communicate with employers,
insurance carriers, and health care providers on behalf of injured or disabled employees.
(c) Ombudsmen shall be Merit System employees and demonstrate familiarity with the Workers'
Compensation Law. An ombudsman shall not be an advocate for any person who shall assist a
claimant, employer, or other person in any proceeding beyond the...
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25-5-77
shall pay an amount not to exceed the prevailing rate or maximum schedule of fees as established
herein of reasonably necessary medical and surgical treatment and attention, physical rehabilitation,
medicine, medical and surgical supplies, crutches, artificial members, and other apparatus
as the result of an accident arising out of and in the course of the employment, as may be
obtained by the injured employee or, in case of death, obtained during the period occurring
between the time of the injury and the employee's death therefrom. If the employee
is dissatisfied with the initial treating physician selected by the employer and if further
treatment is required, the employee may so advise the employer, and the employee shall be
entitled to select a second physician from a panel or list of four physicians selected by
the employer. If surgery is required and if the employee is dissatisfied with the designated
surgeon, he or she may so advise the employer, and the employee shall be...
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25-14-9
Section 25-14-9 Written contract; rights and duties of clients; employees, and professional
employer organizations. (a) All professional employer organization arrangements shall have
a written contract between the client and the professional employer organization recognizing
the rights, responsibilities, and duties of each party. The contract shall disclose to the
client the services to be rendered by the professional employer organization, including the
total administrative fees charged for professional employer organization services, the respective
rights and obligations of the parties, and shall provide the following: (1) The professional
employer organization reserves a right of direction and control over contract employees and
exercises that right in the context of the need to do so according to the terms and conditions
of the professional employment agreement. The client, however, as an employer, may retain
sufficient direction and control over covered employees necessary to...
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25-4-78
Section 25-4-78 Disqualifications for benefits. An individual shall be disqualified for total
or partial unemployment for any of the following: (1) LABOR DISPUTE IN PLACE OF EMPLOYMENT.
For any week in which an individual's total or partial unemployment is directly due to a labor
dispute still in active progress in the establishment in which he or she is or was last employed.
For the purposes of this section only, the term labor dispute includes any controversy concerning
terms, tenure, or conditions of employment, or concerning the association or representation
of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions
of employment, regardless of whether the disputants stand in the proximate relation of employer
and employee. This definition shall not relate to a dispute between an individual worker and
his or her employer. (2) VOLUNTARILY QUITTING WORK. If an individual has left his or her most
recent bona fide work voluntarily without good...
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25-5-316
withdrawn or expended except those budgeted and allocated in accordance with Article 4 (commencing
with Section 41-4-80) of Chapter 4 of Title 41. All moneys remaining unexpended in the separate
fund at the end of the fiscal year shall remain in the State Treasury to be expended as herein
provided. Included in the budget shall be an amount of money allocated for the specific and
exclusive purpose of paying only benefits to the claimants who have qualified to receive benefits
from the Second Injury Trust Fund on May 19, 1992. Payments of these benefits shall
be made weekly. The secretary shall each week make requisitions to the state Comptroller who
shall draw warrants on the State Treasurer for the weekly compensation amount. The warrants
shall be drawn only if there are sufficient moneys in the Treasury for immediate payment.
Claims shall take priority in an ascending numerical order according to the time of the accident,
and the time shown in the settlement between the employer and...
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25-5-334
confirmed test result. (2) A statement advising an employee or job applicant of the existence
of this article. (3) A general statement concerning confidentiality. (4) The consequences
of refusing to submit to a drug test. (5) A statement advising an employee of the Employee
Assistance Program, if the employer offers the program, or advising the employee of the employer's
resource file of assistance programs and other persons, entities, or organizations designed
to assist employees with personal or behavioral problems. (6) A statement that an employee
or job applicant who receives a positive confirmed test result may contest or explain the
result to the employer within five working days after written notification of the positive
test result. (7) A statement informing an employee of the provisions of the federal Drug-Free
Workplace Act, if applicable to the employer. (b) An employer not having a substance abuse
testing program in effect on July 1, 1996, shall ensure that at least 60...
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27-19-21
Section 27-19-21 Optional policy provisions - Insurance with other insurers - Other benefits.
(a) There may be a provision as follows: "Insurance with Other Insurers: If there be
other valid coverage, not with this insurer, providing benefits for the same loss on other
than an expense-incurred basis and of which this insurer has not been given written notice
prior to the occurrence or commencement of loss, the only liability for such benefits under
this policy shall be for such proportion of the indemnities otherwise provided hereunder for
such loss as the like indemnities of which the insurer had notice (including the indemnities
under this policy) bear to the total amount of all like indemnities for such loss and for
the return of such portion of the premium paid as shall exceed the pro rata portion for the
indemnities thus determined." (b) If the foregoing policy provision is included in a
policy which also contains the policy provision set out in Section 27-19-20, there shall be...

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