Code of Alabama

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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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25-5-114
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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25-5-191
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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25-5-195
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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25-5-197
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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25-5-110
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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25-5-190
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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25-5-118
Section 25-5-118 Rights and remedies as to exposures to hazards of occupational disease occurring
prior to September 1, 1971. All exposures of the employee occurring prior to September 1,
1971, to the hazards of an occupational disease, as defined in this article, while in the
employ of the employer, shall be deemed for all purposes to be subject to the provisions of
this article, and the employee, his personal representative, parents, surviving spouse, dependents,
and next of kin shall be entitled to compensation or other benefits and barred from other
rights and remedies as provided in this article for exposures occurring after September 1,
1971. (Acts 1971, No. 668, p. 1379; Acts 1973, No. 1062, p. 1750, §41.)...
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25-5-193
Section 25-5-193 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 occupational exposure to radiation, or for injury, disability,
loss of service, or death resulting from such exposure, arising out of and in the course of
employment, or determination thereof, in any manner other than as provided in this article.
(Acts 1967, No. 521, p. 1245; Acts 1973, No. 1062, p. 1750, §34.)...
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25-5-198
Section 25-5-198 Rights and remedies as to exposures to hazards of radiation occurring prior
to September 7, 1967. All exposures of the employee occurring prior to September 7, 1967,
to the hazards of radiation while in the employ of the employer shall be deemed for all purposes
to be subject to the provisions of this article, and the employee, his personal representative,
parents, surviving spouse, dependents, and next of kin shall be entitled to compensation,
or other benefits and barred from other rights and remedies as provided in this article for
exposures occurring after September 7, 1967. (Acts 1967, No. 521, p. 1245; Acts 1973, No.
1062, p. 1750, §36.)...
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