25-5-190
Section 25-5-190 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) OCCUPATIONAL EXPOSURE TO RADIATION.
Gradual exposure to radiation over a period of time from the use of or direct contact with
radium, radioactive substances, roentgen rays (X rays), or ionizing radiation, arising out
of and in the course of the employment and resulting from the nature of the employment in
which the employee is engaged, without regard to whether or not said exposure is inherent
in the employment or can be eliminated or reduced by due care on the part of the employer.
The term "occupational exposure to radiation" shall not include accidents involving
sudden and violent injuries within the meaning of subdivision (9) of Section 25-5-1, such
accidents being covered by such section. (2) NATURE OF EMPLOYMENT. Such term shall mean that,
as to the industry in which the employee is engaged, there is attached a particular...
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25-5-110
Section 25-5-110 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) OCCUPATIONAL DISEASE. A disease
arising out of and in the course of employment, including occupational pneumoconiosis and
occupational exposure to radiation as defined in subdivisions (2) and (3), respectively, of
this section, which is due to hazards in excess of those ordinarily incident to employment
in general and is peculiar to the occupation in which the employee is engaged but without
regard to negligence or fault, if any, of the employer. A disease, including, but not limited
to, loss of hearing due to noise, shall be deemed an occupational disease only if caused by
a hazard recognized as peculiar to a particular trade, process, occupation, or employment
as a direct result of exposure, over a period of time, to the normal working conditions of
the trade, process, occupation, or employment. (2) OCCUPATIONAL PNEUMOCONIOSIS....
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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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25-5-197
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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25-5-1
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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25-5-50
Section 25-5-50 Applicability; exemptions; coverage for school boards, volunteer fire departments,
and rescue squads; sports officials. (a) This article and Article 2 of this chapter shall
not be construed or held to apply to an employer of a domestic employee; an employer of a
farm laborer; an employer of a person whose employment at the time of the injury is casual
and not in the usual course of the trade, business, profession, or occupation of the employer;
an employer who regularly employs less than five employees in any one business, other than
the business of constructing or assisting on-site in the construction of new single-family,
detached residential dwellings; or a municipality having a population of less than 2,000 according
to the most recent federal decennial census. An employer who regularly employs less than five
employees in any one business; a farm-labor employer; an employer of a domestic employee;
or a municipality having a population of less than 2,000 according to...
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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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25-5-116
Section 25-5-116 Which employer liable for compensation of employee; contribution. (a) If compensation
is payable for an occupational disease other than pneumoconiosis or radiation, the only employer
liable, if any, shall be the employer in whose employment the employee was last exposed to
the hazards of the disease. The employer who is liable shall not be entitled to contribution
from any other employer of the employee except one who furnished workers' compensation for
the employee during the employment of last exposure. (b) If compensation is payable for pneumoconiosis
or radiation, the only employer liable, if any, shall be the employer in whose employment
the employee was last exposed in each of at least 12 months, within a period of five years
prior to the date of the injury, to the hazards of the disease and, in addition, any employer
who furnished workers' compensation coverage during this period. (Acts 1971, No. 668, p. 1379;
Acts 1992, No. 92-537, p. 1082, §33.)...
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