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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...
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11-92B-14
Section 11-92B-14 Liability for injuries. An authority shall not be liable for damages for
injury done to any person or corporation, unless the injury was done due to
the negligence or wantonness of an agent, officer, or employee of the authority while engaged
in work for the authority and while acting in the line and scope of his or her duty, or unless
the injury was done due to the neglect, carelessness, or failure to remedy a defect
in the streets, alleys, drainage systems, or buildings of the authority after the authority
had been given notice of the defect or after the defect had existed for such an unreasonable
length of time as to raise a presumption of knowledge of the defect on the part of the authority.
Whenever an authority shall be made liable for damages by reason of the unauthorized or wrongful
acts or negligence or carelessness of any person or corporation, then the person or corporation
shall be liable to an action on the same account by the party so injured. (Act...
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34-9-18
or similar circumstances or the doing of that which a reasonably prudent practitioner would
not have done under the same or similar circumstances. b. For the purposes of this subdivision,
gross negligence is defined as willful or wanton conduct with reckless, malicious, or conscious
disregard for the rights or safety of others, or conduct that is so deliberate, outrageous,
and callous as to display total indifference to the health or safety of a patient, that could
result in serious bodily injury or death. (7) Is guilty of employing, allowing, or
permitting any unlicensed person or persons to perform any work in his or her office which,
under this chapter, can only be legally done by a person or persons holding a license to practice
dentistry or dental hygiene. (8) Willfully or negligently violates the rules of the State
Department of Health or of the board regarding sanitation. (9) Is guilty of division of fees,
or agreeing to split or divide the fee received for dental service with...
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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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25-4-7
Section 25-4-7 Employee. Except as modified by the provisions of Section 25-4-10 defining "employment,"
"employee," as used in this chapter, means any individual employed by an employer
subject to this chapter, in which employment the relationship of master and servant exists
between the employee and the person employing him. (Acts 1939, No. 497, p. 721; Code 1940,
T. 26, §184; Acts 1971, No. 166, p. 440, §2.)...
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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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25-5-31
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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11-12-1
may, in its discretion, indemnify from the funds of such county the owners of cattle for injuries,
damages, or deaths caused by the dipping of such cattle in compliance with the laws of the
state and the rules and regulations of the State Board of Agriculture and Industries; provided,
that such injuries, damages, or deaths have been caused by the failure or negligence of the
regularly qualified inspector commissioned by the State Board of Agriculture and Industries
to see that the arsenical solution used in the dipping vat is not over the standard of strength
recommended by the United States Bureau of Animal Industry or the State Board of Agriculture
and Industries or by any negligence on the part of any officer or employee of the state or
the State Board of Agriculture and Industries and when the negligence of the owner or person
in charge of such cattle has not contributed to the injury, damage, or death. (Acts
1919, No. 732, p. 1082; Code 1923, §6790; Code 1940, T. 12, §111.)...
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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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