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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
an artificial member of the body by accidental means. (8) INJURIES BY AN ACCIDENT ARISING OUT
OF AND IN THE COURSE OF THE EMPLOYMENT. Without otherwise affecting either the meaning or
interpretation of the clause, the clause does not cover workers except while engaged in or
about the premises where their services are being performed or where their service requires
their presence as a part of service at the time of the accident and during the hours of service
as workers. (9) INJURY. "Injury and personal injury"
shall mean only injury by accident arising out of and in the course of the employment,
and shall not include a disease in any form, except for an occupational disease or where it
results naturally and unavoidably from the accident. Injury shall include physical
injury caused either by carpal tunnel syndrome disorder or by other cumulative trauma
disorder if either disorder arises out of and in the course of the employment, and breakage
or damage to eyeglasses, hearing aids,...
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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...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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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
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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