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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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25-5-117
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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25-5-113
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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25-5-114
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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25-5-1
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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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule
of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total disability,
the compensation shall be 66 2/3 percent of the average weekly earnings received at the time
of injury, subject to a maximum and minimum weekly compensation as stated in Section 25-5-68,
but if at the time of injury the employee received average weekly earnings of less than the
minimum stated in Section 25-5-68, then he or she shall receive the full amount of the average
weekly earnings per week. This compensation shall be paid during the time of the disability,
but at the time as a temporary total disability shall become permanent, compensation for the
continued total disability shall be governed by (a)(4) of this section with respect to permanent
total disability. Payments are to be made at the intervals when the earnings were payable,
as nearly as may be, unless the parties otherwise agree....
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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.)...
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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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25-5-197
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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