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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...
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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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40-18-14
Section 40-18-14 Adjusted gross income of individuals. The term "gross income" as
used herein: (1) Includes gains, profits and income derived from salaries, wages, or compensation
for personal services of whatever kind, or in whatever form paid, including the salaries,
income, fees, and other compensation of state, county, and municipal officers and employees,
or from professions, vocations, trades, business, commerce or sales, or dealings in property
whether real or personal, growing out of ownership or use of or interest in such property;
also from interest, royalties, rents, dividends, securities, or transactions of any business
carried on for gain or profit and the income derived from any source whatever, including any
income not exempted under this chapter and against which income there is no provision for
a tax. The term "gross income" as used herein also includes alimony and separate
maintenance payments to the extent they are includable in gross income for federal income
tax...
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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.)...
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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...
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25-5-335
require the employee to submit to a substance abuse test as a follow-up to the program. Notwithstanding
the foregoing, if an employee voluntarily entered the program, follow-up testing shall not
be required. If follow-up testing is conducted, the frequency of the testing shall be at least
once a year for a two-year period after completion of the program and advance notice of the
testing date shall not be given to the employee. (5) If the employee has caused or contributed
to an on-the-job injury which resulted in a loss of work time, the employer shall require
the employee to submit to a substance abuse test. (b) Nothing in this article shall prohibit
a private employer from conducting random testing or other lawful testing of employees. (c)
All specimen collection and testing under this article shall be performed in accordance with
the following procedures: (1) A specimen shall be collected with due regard to the privacy
of the individual providing the specimen, and in a manner...
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25-5-60
of any guardian or guardians, what portion of the compensation shall be applied for the benefit
of any child or children and may order the same paid to a guardian or custodian of the child
or children. d. Partial dependents shall be entitled to receive only that proportion of the
benefits provided for total dependents which the average amount of the earnings regularly
contributed by the deceased employee to the partial dependent, at and for a reasonable time
immediately prior to the injury, bore to the total income of the dependent during the
same time. If there is one dependent and one or more partial dependents and the dependent
is not entitled to the maximum amount of compensation provided in Section 25-5-68, there shall
be paid to the partial dependent or partial dependents that percentage of the benefit paid
to a full dependent which the contribution of the decedent to the partial dependent's support
bears to the total income of the partial dependent. Notwithstanding the...
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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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-1.htm - 9K - Match Info - Similar pages
16-1-18.1
Director of the Alabama School of Fine Arts; the Executive Director of the Alabama High School
of Mathematics and Science; the Secretary of the Senate, the Clerk of the House of Representatives,
the Lieutenant Governor; the Speaker of the House of Representatives; the chief executive
officer of any other employer as provided in this section. (4) SICK LEAVE. The absence from
duty by an employee as a result of any of the following: a. Personal illness or doctor's
quarantine. b. Incapacitating personal injury. c. Attendance upon an ill member
of the employee's immediate family (parent, spouse, child, foster child currently in the care
and custody of the employee, sibling); or an individual with a close personal tie.
d. Death in the family of the employee (parent, spouse, child, sibling, parent-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, nephew, niece, grandchild, grandparent, uncle,
or aunt). e. Death, injury, or sickness of another person who has unusually...
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25-5-331
sensitivity, and quantitative accuracy. (4) DRUG. Amphetamines, cannabinoids, cocaine, phencyclidine
(PCP), methadone, methaqualone, opiates, barbituates, benzodiazepines, propoxyphene, or a
metabolite of any of the substances. (5) EMPLOYEE. Any person who works for salary, wages,
or other remuneration for an employer. (6) EMPLOYEE ASSISTANCE PROGRAM. A program designed
to assist in the identification and resolution of job performance problems associated with
employees impaired by personal concerns. A minimum level of core services shall include
consultation and training; professional, confidential, appropriate, and timely problem assessment
services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and
assistance; follow-up and monitoring; employee education; and quality assurance. (7) EMPLOYER.
A person or entity that is subject to the Alabama Workers' Compensation Law, except that this
article shall not apply to individual self-insurers or...
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