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25-5-113
Section 25-5-113 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 the contraction of an occupational disease, as defined in this
article, or for injury, disability, loss of service, or death resulting from such disease,
arising out of and in the course of employment, or determination thereof, in any manner other
than as provided in this article. (Acts 1971, No. 668, p. 1379; Acts 1973, No. 1062, p. 1750,
ยง39.)...
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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...
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25-5-77
Section 25-5-77 Expenses of medical and surgical treatment, vocational rehabilitation, medicine,
etc.; medical examinations; review by ombudsman of medical services. (a) In addition to the
compensation provided in this article and Article 4 of this chapter, the employer, where applicable,
shall pay the actual cost of the repair, refitting, or replacement of artificial members damaged
as the result of an accident arising out of and in the course of employment, and the employer,
except as otherwise provided in this amendatory act, 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...
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25-5-335
Section 25-5-335 Types of tests; procedures for specimen collection and testing; laboratory;
confirmation of tests. (a) An employer is required to conduct the following types of tests
in order to qualify for the workers' compensation insurance premium discounts provided under
this article: (1) An employer shall require job applicants to submit to a substance abuse
test after extending an offer of employment. Limited testing of job applicants by an employer
shall qualify under this article if the testing is conducted on the basis of reasonable classifications
of job positions. (2) An employer shall require an employee to submit to reasonable suspicion
testing. (3) An employer shall require an employee to submit to a substance abuse test if
the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination
that is part of the employer's established policy or that is scheduled routinely for all members
of an employment classification or group. (4) If the...
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25-5-35
Section 25-5-35 Recovery where accident occurs outside state; effect of compensation under
law of another state, etc., upon compensation under this article and Article 3 of chapter,
etc.; recovery under this article and Article 3 of chapter for accident occurring within state
where employment principally localized outside state. (a) As used in this section: (1) The
term "United States" includes only the states of the United States and the District
of Columbia; and (2) The term "state" includes any state of the United States or
the District of Columbia. (b) For the purposes of this section, a person's employment is principally
localized in this or another state when his employer has a place of business in this or such
other state and he regularly works at or from such place of business, or if he is domiciled
and spends a substantial part of his working time in the service of his employer in this or
such other state. (c) An employee whose duties require him to travel regularly in the...
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25-5-114
Section 25-5-114 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 the contraction of an occupational disease, as defined in this article, and
on account of any injury, disability, loss of service, or death resulting from an occupational
disease, as defined in this article. 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 contraction of an occupational disease,
as defined in this article, or for injury, disability, loss of service, or death of any employee
due to an occupational disease while engaged in the service or business...
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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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25-5-85
Section 25-5-85 Procedure for and effect of payment of compensation to court appointed trustee.
At any time after the amount of an award has been agreed upon by the parties or found and
ordered by the court, a sum equal to the present value of all future installments of compensation
calculated on a six percent basis may, where death or the nature of the injury renders the
amount of future payments certain, by leave of court, be paid by the employer to a bank or
trust company of this state or a national bank doing business in this state to be approved
and designated by the court, and the sum, together with all interest thereon, shall thereafter
be held in trust for the employee or dependent of the employee, who shall have no further
recourse against the employer. The payment of the sum by the employer, evidenced by the receipts
in duplicate of the trustees, one of which shall be filed with the probate judge of the county
in which the injury or death occurred and the other filed with the...
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15-23-3
Section 15-23-3 Definitions. As used in this article the following words shall include, but
are not limited to the following meanings unless the context clearly requires a different
meaning: (1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section
15-23-4. (2) CRIMINALLY INJURIOUS CONDUCT. Criminally injurious conduct includes any of the
following acts: a. An act occurring or attempted within the geographical boundaries of this
state which results in serious personal injury or death to a victim for which punishment by
fine, imprisonment, or death may be imposed. b. An act occurring or attempted outside the
geographical boundaries of this state in another state of the United States of America which
is punishable by fine, imprisonment, or death and which results in personal injury or death
to a citizen of this state, and shall include an act of terrorism, as defined in Section 2331
of Title 18, United States Code, committed outside of the United States,...
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25-5-60
Section 25-5-60 Compensation for death. In death cases, where the death results proximately
from the accident within three years, compensation payable to dependents shall be computed
on the following basis and shall be paid to the persons entitled thereto without administration,
or to a guardian or other person as the court may direct, for the use and benefit of the person
entitled thereto. (1) PERSONS ENTITLED TO BENEFITS; AMOUNT OF BENEFITS. a. If the deceased
employee leaves one dependent, there shall be paid to the dependent 50 percent of the average
weekly earnings of the deceased. b. If the deceased employee leaves two or more dependents,
there shall be paid to the dependents 66 2/3 percent of the average weekly earnings of the
deceased. c. If one of two or more dependents is a widow or widower, the compensation may
be paid to the widow or widower for the benefit of herself or himself and the dependent child
or children. In its discretion and when it considers appropriate to do...
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