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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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25-5-117
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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25-5-14
Section 25-5-14 Legislative findings and intent as to actions filed by injured employee against
officers, etc., of same employer. The Legislature finds that actions filed on behalf of injured
employees against officers, directors, agents, servants, or employees of the same employer
seeking to recover damages in excess of amounts received or receivable from the employer under
the workers' compensation statutes of this state and predicated upon claimed negligent or
wanton conduct resulting in injuries arising out of and in the course of employment are contrary
to the intent of the Legislature in adopting a comprehensive workers' compensation scheme
and are producing a debilitating and adverse effect upon efforts to retain existing, and to
attract new industry to this state. Specifically, the existence of such causes of action places
this state at a serious disadvantage in comparison to the existing laws of other states with
whom this state competes in seeking to attract and retain...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-14.htm - 3K - Match Info - Similar pages
27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
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, ยง33.)...
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25-5-115
Section 25-5-115 False written representation to employer as to previous compensation for occupational
disease. If an 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 compensated in damages,
or under this article, because of occupational disease, as defined in this article, 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 disease as defined
in this article, resulting from exposure to the hazards of such disease subsequent to such
representation and while in the employ of such employer. (Acts 1971, No. 668, p. 1379.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-115.htm - 1K - Match Info - Similar pages
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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25-5-50
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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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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