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Alabama Workers' Compensation Act

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  • Article 1 General Provisions.

    • Section 25-5-1 Definitions.

    • Section 25-5-2 Powers and duties of Director of Industrial Relations with respect to administration of chapter generally; "director" defined.

    • Section 25-5-3 Director to prepare and distribute forms, etc.

    • Section 25-5-4 Reports and records of injuries for which compensation claimed.

    • Section 25-5-5 Reports of settlements.

    • Section 25-5-6 Circuit court clerks to report disposition of cases.

    • Section 25-5-7 Supplementary reports as to initiation, cessation, etc., of compensation payments.

    • Section 25-5-8 Employers' options to secure payment of compensation.

    • Section 25-5-9 Pooling of employers' liabilities for qualification as self-insurers.

    • Section 25-5-10 Liabilities of persons engaged in schemes, etc., to avoid liability to workers.

    • Section 25-5-11 Actions against third parties jointly liable with employers for injuries or death; actions for injury or death resulting from willful conduct; attorney's fees in settlements with third parties.

    • Section 25-5-11.1 Employee not to be terminated solely for action to recover benefits nor for filing notice of safety rule violation.

    • Section 25-5-12 Chief Justice of Supreme Court to prepare uniform rules for circuit courts.

    • Section 25-5-13 Applicability of chapter.

    • Section 25-5-14 Legislative findings and intent as to actions filed by injured employee against officers, etc., of same employer.

    • Section 25-5-15 Safety committee.

    • Section 25-5-15.1 State safety program; legislative intent; creation.

    • Section 25-5-17 Severability.

  • Article 2 Compensation by Civil Action.

    • Section 25-5-30 Applicability of article; article deemed extension or modification of common law.

    • Section 25-5-31 Right of action for damages for injuries or death of employee.

    • Section 25-5-32 Excluded defenses.

    • Section 25-5-33 Applicability of Sections 25-5-31 and 25-5-32 to other claims for personal injury or death.

    • Section 25-5-34 Applicability of this article and Article 3 of chapter to minors; double compensation when minor illegally employed.

    • Section 25-5-35 Recovery where accident occurs outside state; effect of compensation under law of another state, etc., upon compensation under this article and Article 3 of chapter, etc.; recovery under this article and Article 3 of chapter for accident occurring within state where employment principally localized outside state.

    • Section 25-5-36 Burden of proof as to misconduct of employee.

  • Article 3 Elective Compensation Under Contract of Employment.

    • Section 25-5-50 Applicability; exemption for corporate officers; coverage for school boards, volunteer fire departments, and rescue squads; sports officials.

    • Section 25-5-51 Right to compensation for injuries or death; grounds for denial of compensation.

    • Section 25-5-52 Manner of compensation, etc., provided by chapter exclusive.

    • Section 25-5-53 Rights and remedies of employees, etc., exclusive; civil and criminal liability of employers, etc.

    • Section 25-5-54 Presumptions as to applicability and acceptance of provisions of articles.

    • Section 25-5-55 Rights and powers of minors under article generally; effect of payment of awards to minors.

    • Section 25-5-56 Settlements between parties.

    • Section 25-5-57 Compensation for disability.

    • Section 25-5-58 Effect of preexisting injuries or infirmities.

    • Section 25-5-59 Waiting period for compensation; penalty for overdue compensation payments.

    • Section 25-5-60 Compensation for death.

    • Section 25-5-61 Persons presumed wholly dependent.

    • Section 25-5-62 Total dependents - Designated; order of compensation.

    • Section 25-5-63 Total dependents - Maximum compensation.

    • Section 25-5-64 Partial dependents.

    • Section 25-5-65 Compensation of orphans or other children.

    • Section 25-5-66 Disposition of compensation upon remarriage of widow of employee who has another dependent.

    • Section 25-5-67 Burial expenses.

    • Section 25-5-68 Maximum and minimum weekly compensation.

    • Section 25-5-69 Compensation to cease upon death or marriage of dependent; proportional benefits for dependents.

    • Section 25-5-76 Liability of joint employers.

    • Section 25-5-77 Expenses of medical and surgical treatment, vocational rehabilitation, medicine, etc.; medical examinations; review by ombudsman of medical services.

    • Section 25-5-78 Written notice to employer of accident - Required.

    • Section 25-5-79 Written notice to employer of accident - Service and contents.

    • Section 25-5-80 Limitation period for claims or actions for compensation.

    • Section 25-5-81 Determination of disputed compensation claims generally.

    • Section 25-5-82 Compensation for death to be paid only to United States residents.

    • Section 25-5-83 Commutation of compensation to lump sum payments.

    • Section 25-5-84 Modification of payments.

    • Section 25-5-85 Procedure for and effect of payment of compensation to court appointed trustee.

    • Section 25-5-86 Remedy for default upon periodic compensation payments; exemption of compensation claims, etc., from garnishment, etc.

    • Section 25-5-87 Preference of right to compensation, etc.

    • Section 25-5-88 Proceedings for determination of disputed claims for compensation - Commencement of action, etc.

    • Section 25-5-89 Proceedings for determination of disputed claims for compensation - Costs and fees.

    • Section 25-5-90 Proceedings for determination of disputed claims for compensation - Attorney's fees.

    • Section 25-5-91 Forwarding of copy of judgment, etc., to probate court; creation of judgment lien.

    • Section 25-5-92 Discharge of lien upon judgment payable periodically.

    • Section 25-5-93 Judgments discharged and marked satisfied upon proof of release or satisfaction of judgment.

  • Article 4 Compensation for Occupational Diseases.

    • Section 25-5-110 Definitions.

    • Section 25-5-111 Right to compensation for death or disablement.

    • Section 25-5-112 Presumptions as to applicability and acceptance of provisions of article.

    • Section 25-5-113 Manner of compensation, etc., provided by article exclusive.

    • Section 25-5-114 Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc.

    • Section 25-5-115 False written representation to employer as to previous compensation for occupational disease.

    • Section 25-5-116 Which employer liable for compensation of employee; contribution.

    • Section 25-5-117 Limitation period for claims or actions for compensation.

    • Section 25-5-118 Rights and remedies as to exposures to hazards of occupational disease occurring prior to September 1, 1971.

    • Section 25-5-119 Computation of compensation and benefits payable under article.

    • Section 25-5-120 Presumptions and burden of proof as to right to compensation.

    • Section 25-5-121 Settlements between parties; determination of disputed compensation claims.

    • Section 25-5-122 Applicability of article.

    • Section 25-5-123 Applicability of other provisions of chapter to article.

  • Article 5 Compensation for Occupational Pneumoconiosis Generally.

  • Article 6 Compensation for Pneumoconiosis of Coal Miners.

  • Article 7 Compensation for Occupational Exposure to Radiation.

    • Section 25-5-190 Definitions.

    • Section 25-5-191 Right to compensation for injury or death.

    • Section 25-5-192 Presumptions as to applicability and acceptance of provisions of article.

    • Section 25-5-193 Manner of compensation, etc., provided by article exclusive.

    • Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc.

    • Section 25-5-195 False written representation to employer as to previous compensation for exposure to radiation.

    • Section 25-5-196 Which employer liable for compensation of employee; contribution not required from nonliable employer.

    • Section 25-5-197 Limitation period for claims or actions for compensation.

    • Section 25-5-198 Rights and remedies as to exposures to hazards of radiation occurring prior to September 7, 1967.

    • Section 25-5-199 Computation of compensation and benefits payable under article.

    • Section 25-5-200 Presumptions and burden of proof as to right to compensation.

    • Section 25-5-201 Settlements between parties; determination of disputed compensation claims.

    • Section 25-5-202 Applicability of article.

    • Section 25-5-203 Applicability of other provisions of chapter to article.

  • Article 8 Offenses and Penalties.

    • Section 25-5-226 Solicitation of employment or acceptance of solicited employment by attorneys.

    • Section 25-5-227 Solicitation of claims or representation of claimants by persons not authorized to practice law.

    • Section 25-5-229 Solicitation or writing of workers' compensation insurance by insurance companies, etc., not in compliance with Code.

    • Section 25-5-231 Acceptance of assignment of employee compensation claim, etc.

  • Article 9 Alabama Workmen's Compensation Self-Insurers Guaranty Association.

  • Article 10 Insurance with Optional Deductibles.

    • Section 25-5-270 Certain employers authorized to purchase insurance with optional deductibles.

    • Section 25-5-271 Optional deductibles to be offered in policy; exception.

    • Section 25-5-272 Premium reduction to be determined before application of experience modification, premium surcharge, etc.

    • Section 25-5-273 Applicability.

  • Article 11 Ombudsman Program.

    • Section 25-5-290 Ombudsman program, creation; purpose; members; notification of service; benefit review conferences.

    • Section 25-5-291 Benefit review conferences.

    • Section 25-5-292 Resolution of disputes, settlement agreements; written reports; interlocutory orders; final determinations of liability.

    • Section 25-5-293 Duties of director; continuing education, accounting; recovery of expenses; advisory committees; legislative intent regarding reimbursements.

    • Section 25-5-294 Communications, etc. privileged; documentation; release of records or information; penalty for obtaining information under false pretenses.

  • Article 12 Workers' Compensation Medical Services Board.

  • Article 13 Drug-free Workplace Program.

© 2015 by William A. Austill.

William A. (Bill) Austill

Austill Lewis Pipkin & Maddox, PC

600 Century Park South, Ste 100

Birmingham, AL 35226

(205) 314-1001

baustill@maplaw.com

WWW.MAPLAW.COM

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