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25-5-31
Section 25-5-31 Right of action for damages for injuries or death of employee. When personal
injury or death is caused to an employee by an accident arising out of and in the course
of his employment, of which injury the actual or lawfully imputed negligence of the
employer is the natural and proximate cause, he, or in case of death, his personal
representative, for the exclusive benefit of the surviving spouse and next of kin, shall receive
compensation by way of damages therefor from the employer; provided, that the injury
or death was not caused by the wilful misconduct of the employee or was not due to misconduct
on his part, as defined in Section 25-5-51. (Acts 1919, No. 245, p. 206; Code 1923, §7534;
Code 1940, T. 26, §253.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-31.htm - 1K - Match Info - Similar pages
25-5-11
the employee was entitled. For purposes of this amendatory act, the employer shall be entitled
to subrogation for medical and vocational benefits expended by the employer on behalf of the
employee; however, if a judgment in an action brought pursuant to this section is uncollectible
in part, the employer's entitlement to subrogation for such medical and vocational benefits
shall be in proportion to the ratio the amount of the judgment collected bears to the total
amount of the judgment. (b) If personal injury or death to any employee results
from the willful conduct, as defined in subsection (c) herein, of any officer, director, agent,
or employee of the same employer or any workers' compensation insurance carrier of the employer
or any person, firm, association, trust, fund, or corporation responsible for servicing any
payment of workers' compensation claims for the employer, or any officer, director, agent,
or employee of the carrier, person, firm, association, trust, fund, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-11.htm - 9K - Match Info - Similar pages
25-6-4
Section 25-6-4 Acceptance of insurance benefits, etc., not to bar action, etc.; setoff. No
contract of employment, insurance, relief benefit or indemnity for injury or death
entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief
benefit or indemnity by the person entitled thereto shall constitute any bar or defense to
any action brought to recover damages for personal injuries to or death of such employee,
but, upon the trial of such action against any employer, the defendant may set off therein
any sum he has contributed toward any such insurance, relief benefit, or indemnity that may
have been paid to the injured employee or, in case of death, to his personal representative.
(Code 1907, §3913; Code 1923, §7601; Code 1940, T. 26, §329.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-6-4.htm - 1K - Match Info - Similar pages
25-5-51
Section 25-5-51 Right to compensation for injuries or death; grounds for denial of compensation.
If an employer is subject to this article, compensation, according to the schedules hereinafter
contained, shall be paid by the employer, or those conducting the business during bankruptcy
or insolvency, in every case of personal injury or death of his or her employee
caused by an accident arising out of and in the course of his or her employment, without regard
to any question of negligence. Notwithstanding the foregoing, no compensation shall be allowed
for an injury or death caused by the willful misconduct of the employee, by the employee's
intention to bring about the injury or death of himself or herself or of another, his
or her willful failure or willful refusal to use safety appliances provided by the employer
or by an accident due to the injured employee being intoxicated from the use of alcohol or
being impaired by illegal drugs. A positive drug test conducted and evaluated...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-51.htm - 2K - Match Info - Similar pages
25-5-52
Section 25-5-52 Manner of compensation, etc., provided by chapter exclusive. Except as provided
in this chapter, no employee of any employer subject to this chapter, nor the personal
representative, surviving spouse, or next of kin of the employee shall have a right to any
other method, form, or amount of compensation or damages for an injury or death occasioned
by an accident or occupational disease proximately resulting from and while engaged in the
actual performance of the duties of his or her employment and from a cause originating in
such employment or determination thereof. (Acts 1919, No. 245, p. 206; Code 1923, §7545;
Code 1940, T. 26, §271; Acts 1973, No. 1062, p. 1750, §8; Acts 1992, No. 92-537, p. 1082,
§12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-52.htm - 1K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-1.htm - 9K - Match Info - Similar pages
45-8A-22.118
in the plan, then the defined benefit dollar limitation of subsection (b) shall be multiplied
by a fraction, a. the numerator of which is the number of years, or part thereof, of participation
in the plan, and b. the denominator of which is 10. However, in no event shall such fraction
be less than 1/10th. Notwithstanding the foregoing, no adjustment shall be made to the defined
benefit dollar limitation for a distribution on account of a participant becoming disabled
by reason of personal injuries or sickness, or as a result of the death of a participant.
For purposes of this section, a "year of participation" means each accrual computation
period for which the following conditions are met: a. the participant is credited with a period
of service for benefit accrual purposes, required under the terms of the plan in order to
accrue a benefit for the accrual computation period, and b. the participant is included as
a participant under the eligibility provisions of the plan for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-22.118.htm - 30K - Match Info - Similar pages
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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-57.htm - 28K - Match Info - Similar pages
25-6-1
Section 25-6-1 Liability of master or employer; effect of servant's or employee's knowledge
of defect or negligence causing injury. (a) Except as otherwise provided by law, when
a personal injury is received by a servant or employee in the service or business
of the master or employer, the master or employer is liable to answer in damages to such servant
or employee, as if he were a stranger and not engaged in such service or employment, provided
such liability is enforced in a court of competent jurisdiction, in the cases following: (1)
When the injury is caused by reason of any defect in the condition of the ways, works,
machinery or plant connected with or used in the business of the master or employer. (2) When
the injury is caused by reason of the negligence of any person in the service or employment
of the master or employer who has any superintendence intrusted to him, while in the exercise
of such superintendence. (3) When such injury is caused by reason of the negligence
of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-6-1.htm - 3K - Match Info - Similar pages
41-9-62
of board generally; employees of municipalities, counties, etc., not within jurisdiction of
board, etc. (a) The Board of Adjustment shall have the power and jurisdiction and it shall
be its duty to hear and consider: (1) All claims for damages to the person or property growing
out of any injury done to either the person or property by the State of Alabama or
any of its agencies, commissions, boards, institutions or departments, with the exception
of claims by employees of the state for personal injury or death arising out
of the course of employment with the State of Alabama, where such employees are covered by
an employee injury compensation program; (2) All claims for personal injuries
to or the death of any convict, and all claims for personal injuries to or the death
of any employee of a city or county board of education, or college or university, arising
out of the course of the employee's employment and where the employee is not covered by a
worker's compensation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-62.htm - 7K - Match Info - Similar pages
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