Code of Alabama

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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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25-5-8
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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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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25-5-290
Section 25-5-290 Ombudsman program, creation; purpose; members; notification of service; benefit
review conferences. (a) The Department of Industrial Relations shall establish an Ombudsman
Program to assist injured or disabled employees, persons claiming death benefits, employers,
and other persons in protecting their rights and obtaining information available under the
Workers' Compensation Law. (b) Providing that the employer and the employee agree to participate
in the benefit review conference, the ombudsmen shall meet with or otherwise provide information
to injured or disabled employees, investigate complaints, and communicate with employers,
insurance carriers, and health care providers on behalf of injured or disabled employees.
(c) Ombudsmen shall be Merit System employees and demonstrate familiarity with the Workers'
Compensation Law. An ombudsman shall not be an advocate for any person who shall assist a
claimant, employer, or other person in any proceeding beyond the...
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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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25-14-9
Section 25-14-9 Written contract; rights and duties of clients; employees, and professional
employer organizations. (a) All professional employer organization arrangements shall have
a written contract between the client and the professional employer organization recognizing
the rights, responsibilities, and duties of each party. The contract shall disclose to the
client the services to be rendered by the professional employer organization, including the
total administrative fees charged for professional employer organization services, the respective
rights and obligations of the parties, and shall provide the following: (1) The professional
employer organization reserves a right of direction and control over contract employees and
exercises that right in the context of the need to do so according to the terms and conditions
of the professional employment agreement. The client, however, as an employer, may retain
sufficient direction and control over covered employees necessary to...
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25-4-78
Section 25-4-78 Disqualifications for benefits. An individual shall be disqualified for total
or partial unemployment for any of the following: (1) LABOR DISPUTE IN PLACE OF EMPLOYMENT.
For any week in which an individual's total or partial unemployment is directly due to a labor
dispute still in active progress in the establishment in which he or she is or was last employed.
For the purposes of this section only, the term labor dispute includes any controversy concerning
terms, tenure, or conditions of employment, or concerning the association or representation
of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions
of employment, regardless of whether the disputants stand in the proximate relation of employer
and employee. This definition shall not relate to a dispute between an individual worker and
his or her employer. (2) VOLUNTARILY QUITTING WORK. If an individual has left his or her most
recent bona fide work voluntarily without good...
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25-5-316
Section 25-5-316 Workers' Compensation Administrative Trust Fund; creation; management; trustee
and custodian; assessments; penalties. (a) There is established in the State Treasury a fund
entitled the Workers' Compensation Administrative Trust Fund, into which shall be deposited
certain assessments provided under Chapter 5 (commencing with Section 25-5-1) of Title 25
collected by the Department of Labor. The fund shall constitute a separate fund to be disbursed
by the state Comptroller on order of the Secretary of the Department of Labor. All expenses
incurred by the department under the Workers' Compensation Law, including the salaries of
all employees, travel cost, and any other cost of administration and enforcement as may become
necessary, either within or without the state, shall be paid from the separate fund in the
State Treasury upon warrants of the state Comptroller drawn upon the State Treasury from time
to time when vouchers therefor are approved by the secretary. The State...
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25-5-334
Section 25-5-334 Notice of testing; written policy statement. (a) One time only, prior to testing,
all employees and job applicants for employment shall be given a notice of testing. In addition,
all employees shall be given a written policy statement from the employer which contains all
of the following: (1) A general statement of the employer's policy on employee substance abuse
which shall identify: a. The types of testing an employee or job applicant may be required
to submit to, including reasonable suspicion or other basis used to determine when the testing
will be required. b. The actions the employer may take against an employee or job applicant
on the basis of a positive confirmed test result. (2) A statement advising an employee or
job applicant of the existence of this article. (3) A general statement concerning confidentiality.
(4) The consequences of refusing to submit to a drug test. (5) A statement advising an employee
of the Employee Assistance Program, if the employer...
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27-19-21
Section 27-19-21 Optional policy provisions - Insurance with other insurers - Other benefits.
(a) There may be a provision as follows: "Insurance with Other Insurers: If there be
other valid coverage, not with this insurer, providing benefits for the same loss on other
than an expense-incurred basis and of which this insurer has not been given written notice
prior to the occurrence or commencement of loss, the only liability for such benefits under
this policy shall be for such proportion of the indemnities otherwise provided hereunder for
such loss as the like indemnities of which the insurer had notice (including the indemnities
under this policy) bear to the total amount of all like indemnities for such loss and for
the return of such portion of the premium paid as shall exceed the pro rata portion for the
indemnities thus determined." (b) If the foregoing policy provision is included in a
policy which also contains the policy provision set out in Section 27-19-20, there shall be...

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