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25-5-54
Section 25-5-54 Presumptions as to applicability and acceptance of provisions of articles.
Every employer and employee, except as otherwise specifically provided in this article, shall
be presumed to have accepted and come under this article and Article 4 of this chapter and
the provisions thereof relating to the payment and acceptance of compensation. (Acts 1919,
No. 245, p. 206; Code 1923, §7547; Acts 1935, No. 387, p. 831; Acts 1936, Ex. Sess., No.
29, p. 9; Acts 1939, No. 661, p. 1036, §15; Code 1940, T. 26, §273; Acts 1973, No. 1062,
p. 1750, §9; Acts 1992, No. 92-537, p. 1082, §14.)...
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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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25-5-111
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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25-5-31
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.)...
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16-25-103
Section 16-25-103 Funding for benefits. The Board of Control of the Teachers' Retirement System
shall determine annually the amount to pay the cost of the benefits provided in this article
and shall notify the chief fiscal officer of each employer the percentum rate of earnable
compensation required to be paid to the retirement system. Each employer of members of the
Teachers' Retirement System of Alabama shall pay on account of the increase provided in this
article in the same manner and from the same source of funds as is provided in Section 16-25-21,
it being the intent of the Legislature that the cost of providing the increase provided in
this article shall be distributed from all funds in proportion to the salaries paid therefrom
for active members. (Acts 1994, No. 94-591, p. 1092, §4; Acts 1995, No. 95-538, p. 1100,
§8.)...
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25-5-338
Section 25-5-338 Construction of article. (a) No physician-patient relationship is created
between an employee or job applicant and an employer, medical review officer, or any person
performing or evaluating a drug test solely by the establishment, implementation, or administration
of a drug-testing program. (b) Nothing in this article shall be construed to prevent an employer
from establishing reasonable work rules related to employee possession, use, sale, or solicitation
of drugs, including convictions for drug related offenses, and taking action based upon a
violation of any of those rules. (c) Nothing in this article shall be construed to operate
retroactively, and nothing in this article shall abrogate the right of an employer under state
or federal law to conduct drug tests, or implement employee drug-testing programs. Notwithstanding
the foregoing, only those programs that meet the criteria outlined in this article qualify
for reduced workers' compensation insurance premiums...
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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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25-5-53
Section 25-5-53 Rights and remedies of employees, etc., exclusive; civil and criminal liability
of employers, etc. The rights and remedies granted in this chapter to an employee shall exclude
all other rights and remedies of the employee, his or her personal representative, parent,
dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss
of services, or death. Except as provided in this chapter, no employer shall be held civilly
liable for personal injury to or death of the employer's employee, for purposes of this chapter,
whose injury or death is due to an accident or to an occupational disease while engaged in
the service or business of the employer, the cause of which accident or occupational disease
originates in the employment. In addition, immunity from civil liability for all causes of
action except those based upon willful conduct shall also extend to the workers' compensation
insurance carrier of the employer; to a person, firm,...
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25-5-59
Section 25-5-59 Waiting period for compensation; penalty for overdue compensation payments.
(a) For purposes of this article, except for scheduled injuries as provided in Section 25-5-57(a)(3),
compensation for the first three days of disability shall not be payable, nor shall compensation
be paid in any case unless the employer has actual knowledge of the injury or is notified
thereof within the period specified in Section 25-5-78. (b) Compensation shall begin with
the fourth day after disability, and if the disability from the injury exists for a period
as much as 21 days, compensation for the first three days after the injury shall be added
to and payable with the first installment due the employee after the expiration of the 21
days. If any installment of compensation payable is not paid without good cause within 30
days after it becomes due, there shall be added to the unpaid installment an amount equal
to 15 percent thereof, which shall be paid at the same time as, but in...
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25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure risks.
An employer subject to this chapter may secure the payment of compensation under this chapter
by insuring and keeping insured his or her liability in some insurance corporation, association,
organization, insurance association, corporation, or association formed of employers and workers
or formed by a group of employers to insure the risks under this chapter, operating by mutual
assessment or other plans or otherwise. Notwithstanding the 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...
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