|
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-31.htm - 1K - Match Info - Similar pages
25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or
death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-11.htm - 9K - Match Info - Similar pages
25-6-4
Section 25-6-4 Acceptance of insurance benefits, etc., not to bar action, etc.; setoff. No
contract of employment, insurance, relief benefit or indemnity for injury or death entered
into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit
or indemnity by the person entitled thereto shall constitute any bar or defense to any action
brought to recover damages for personal injuries to or death of such employee, but, upon the
trial of such action against any employer, the defendant may set off therein any sum he has
contributed toward any such insurance, relief benefit, or indemnity that may have been paid
to the injured employee or, in case of death, to his personal representative. (Code 1907,
§3913; Code 1923, §7601; Code 1940, T. 26, §329.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-6-4.htm - 1K - Match Info - Similar pages
25-5-51
Section 25-5-51 Right to compensation for injuries or death; grounds for denial of compensation.
If an employer is subject to this article, compensation, according to the schedules hereinafter
contained, shall be paid by the employer, or those conducting the business during bankruptcy
or insolvency, in every case of personal injury or death of his or her employee caused by
an accident arising out of and in the course of his or her employment, without regard to any
question of negligence. Notwithstanding the foregoing, no compensation shall be allowed for
an injury or death caused by the willful misconduct of the employee, by the employee's intention
to bring about the injury or death of himself or herself or of another, his or her willful
failure or willful refusal to use safety appliances provided by the employer or by an accident
due to the injured employee being intoxicated from the use of alcohol or being impaired by
illegal drugs. A positive drug test conducted and evaluated...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-51.htm - 2K - Match Info - Similar pages
25-5-52
Section 25-5-52 Manner of compensation, etc., provided by chapter exclusive. Except as provided
in this chapter, no employee of any employer subject to this chapter, nor the personal representative,
surviving spouse, or next of kin of the employee shall have a right to any other method, form,
or amount of compensation or damages for an injury or death occasioned by an accident or occupational
disease proximately resulting from and while engaged in the actual performance of the duties
of his or her employment and from a cause originating in such employment or determination
thereof. (Acts 1919, No. 245, p. 206; Code 1923, §7545; Code 1940, T. 26, §271; Acts 1973,
No. 1062, p. 1750, §8; Acts 1992, No. 92-537, p. 1082, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-52.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-1.htm - 9K - Match Info - Similar pages
45-8A-22.118
Section 45-8A-22.118 Maximum benefits; limitations; adjustments. (a) Annual Benefit and Final
Regulations Under Internal Revenue Code Section 415. (1) Annual Benefit. For purposes of this
section, "annual benefit" means the benefit payable annually under the terms of
the plan, exclusive of any benefit not required to be considered for purposes of applying
the limitations of Internal Revenue Code Section 415 to the plan, in the form of a straight
life annuity with no ancillary benefits. If the benefit is payable in any other form, the
annual benefit shall be adjusted to the equivalent of a straight life annuity pursuant to
subsection (c). (2) Final Regulations Under Internal Revenue Code Section 415. Notwithstanding
anything in this section to the contrary, the following provisions apply beginning on or after
January 1, 1976, except as otherwise provided in this section. a. Incorporation by Reference.
The limitations, adjustments, and other requirements prescribed in the plan shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-22.118.htm - 30K - Match Info - Similar pages
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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-57.htm - 28K - Match Info - Similar pages
25-6-1
Section 25-6-1 Liability of master or employer; effect of servant's or employee's knowledge
of defect or negligence causing injury. (a) Except as otherwise provided by law, when a personal
injury is received by a servant or employee in the service or business of the master or employer,
the master or employer is liable to answer in damages to such servant or employee, as if he
were a stranger and not engaged in such service or employment, provided such liability is
enforced in a court of competent jurisdiction, in the cases following: (1) When the injury
is caused by reason of any defect in the condition of the ways, works, machinery or plant
connected with or used in the business of the master or employer. (2) When the injury is caused
by reason of the negligence of any person in the service or employment of the master or employer
who has any superintendence intrusted to him, while in the exercise of such superintendence.
(3) When such injury is caused by reason of the negligence of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-6-1.htm - 3K - Match Info - Similar pages
41-9-62
Section 41-9-62 Claims within jurisdiction of board generally; employees of municipalities,
counties, etc., not within jurisdiction of board, etc. (a) The Board of Adjustment shall have
the power and jurisdiction and it shall be its duty to hear and consider: (1) All claims for
damages to the person or property growing out of any injury done to either the person or property
by the State of Alabama or any of its agencies, commissions, boards, institutions or departments,
with the exception of claims by employees of the state for personal injury or death arising
out of the course of employment with the State of Alabama, where such employees are covered
by an employee injury compensation program; (2) All claims for personal injuries to or the
death of any convict, and all claims for personal injuries to or the death of any employee
of a city or county board of education, or college or university, arising out of the course
of the employee's employment and where the employee is not covered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-62.htm - 7K - Match Info - Similar pages
|