reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-88 - Proceedings for Determination of Disputed Claims for Compensation - Commencement of Action, Etc.

Section 25-5-88
Proceedings for determination of disputed claims for compensation - Commencement of action, etc.
Either party to a controversy arising under this article and Article 2 of this chapter may file a verified complaint in the circuit court of the county which would have jurisdiction of an action between the same parties arising out of tort, which shall set forth the names and residences of the parties and the circumstances relating to the employment at the time of the injury, with a full description of the injury, its nature and extent, the amount of the average earnings received by the employee which would affect his compensation under this article and Article 2 of this chapter, the knowledge of the employer of the injury or the notice to him thereof, which must be of the kind provided for in this article and Article 2 of this chapter and such other facts as may be necessary to enable the court to determine what, if any, compensation the employee or, in case of a deceased employee, his dependents, are entitled to under this article and Article 2 of this chapter. The complaint shall be filed with the clerk of the circuit court, who shall cause summons to be issued thereon requiring the defendant to come in and answer said complaint within 30 days of the service thereof. Thereafter, said action shall proceed in accordance with and shall be governed by the same rules and statutes as govern civil actions, except as otherwise provided in this article and Article 2 of this chapter, and except that all civil actions filed hereunder shall be preferred actions and shall be set down and tried as expeditiously as possible. At the hearing or any adjournment thereof the court shall hear such witnesses as may be presented by each party, and in a summary manner without a jury, unless one is demanded to try the issue of willful misconduct on the part of the employee, shall decide the controversy. This determination shall be filed in writing with the clerk of said court, and judgment shall be entered thereon in the same manner as in civil actions tried in the said circuit court and shall contain a statement of the law and facts and conclusions as determined by said judge. Subsequent proceedings thereon shall only be for the recovery of moneys thereby determined to be due, but nothing in this section contained shall be construed as limiting the jurisdiction of the Court of Civil Appeals to review questions of law by certiorari.
(Acts 1919, No. 245, p. 206; Code 1923, §7578; Code 1940, T. 26, §304; Acts 1957, No. 350, p. 460.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-89 - Proceedings for Determination of Disputed Claims for Compensation - Costs and Fees.

Section 25-5-89
Proceedings for determination of disputed claims for compensation - Costs and fees.
Costs may be awarded by said court in its discretion, and, when so awarded, the same costs shall be allowed, taxed and collected as for like services and proceedings in civil cases, but if it shall appear that the employer, prior to the commencement of the action, made to the person or persons entitled thereto a written offer of compensation in specific terms, which terms were in accordance with the provisions of this article and Article 2 of this chapter, then no costs shall be awarded or taxed against such employer.
(Acts 1919, No. 245, p. 206; Code 1923, §7579; Code 1940, T. 26, §305.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-90 - Proceedings for Determination of Disputed Claims for Compensation - Attorney's Fees.

Section 25-5-90
Proceedings for determination of disputed claims for compensation - Attorney's fees.
(a) Unless otherwise provided in this chapter, no part of the compensation payable under this article and Article 4 of this chapter shall be paid to an attorney for the plaintiff for legal services, unless upon the application of the plaintiff, the judge shall order or approve of the employment of an attorney by the plaintiff; and in such event, the judge, upon the hearing of the complaint for compensation, either by law or by settlement, shall fix the fee of the attorney for the plaintiff for his or her legal services and the manner of its payment, but the fee shall not exceed 15 percent of the compensation awarded or paid.
(b) All expenses of litigation and attorney's fees charged by any attorney in any representation under this chapter while representing any employer, insurance company, or self-insurer shall be reported to the Department of Labor.
(Acts 1919, No. 245, p. 206; Code 1923, §7542; Acts 1939, No. 661, p. 1036, §1; Code 1940, T. 26, §261; Acts 1949, No. 36, p. 47, §1; Acts 1992, No. 92-537, p. 1082, §30.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-91 - Forwarding of Copy of Judgment, etc., to Probate Court; Creation of Judgment Lien.

Section 25-5-91
Forwarding of copy of judgment, etc., to probate court; creation of judgment lien.
Whenever any decision or order is made and filed by the court upon any matter arising under this article, the clerk of the court shall forthwith make and forward to the judge of probate of the county in which the complaint was filed a certified copy of such decision or order with any memorandum of the judge and of any judgment entered. No fee or other charge shall be collected therefor. The plaintiff or owner of any judgment so certified may have the same registered by the probate judge upon the payment of the fee fixed by law for registering judgments, and the same shall become a lien in like manner as other registered judgments, unless the same is made a preferred lien by other provisions of some law.
(Acts 1919, No. 245, p. 206; Code 1923, §7580; Code 1940, T. 26, §306.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-92 - Discharge of Lien Upon Judgment Payable Periodically.

Section 25-5-92
Discharge of lien upon judgment payable periodically.
When the judgment, however, is for a sum not due, that is, payable periodically, the defendant may discharge the registered lien by giving a bond for the payment of same to be approved by the probate judge and recorded, and he shall receive the same for registration. No execution shall issue where such judgment is payable periodically unless default is made in the payment of one or more of such periodical payments.
(Acts 1919, No. 245, p. 206; Code 1923, §7581; Code 1940, T. 26, §307.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-93 - Judgments Discharged and Marked Satisfied Upon Proof of Release or Satisfaction of Judgment.

Section 25-5-93
Judgments discharged and marked satisfied upon proof of release or satisfaction of judgment.
Any judgment entered under the provisions of this article and Article 2 of this chapter, either by award or by settlement, and entered on the minutes of any court, shall be discharged by said court and marked satisfied upon presentment to said court or the clerk thereof of a release or discharge of said judgment, executed by the party in whose favor the same runs and acknowledged in the same manner as conveyances are acknowledged or upon presentment by the employer or his representative of an affidavit that said judgment has been, in accordance with its terms, fully satisfied and discharged, together with satisfactory proof in the way of vouchers or checks duly endorsed by the party in whose favor such judgment ran.
(Acts 1919, No. 245, p. 206; Code 1923, §7582; Code 1940, T. 26, §308.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-110 - Definitions.

Section 25-5-110
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) OCCUPATIONAL DISEASE. A disease arising out of and in the course of employment, including occupational pneumoconiosis and occupational exposure to radiation as defined in subdivisions (2) and (3), respectively, of this section, which is due to hazards in excess of those ordinarily incident to employment in general and is peculiar to the occupation in which the employee is engaged but without regard to negligence or fault, if any, of the employer. A disease, including, but not limited to, loss of hearing due to noise, shall be deemed an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of exposure, over a period of time, to the normal working conditions of the trade, process, occupation, or employment.
(2) OCCUPATIONAL PNEUMOCONIOSIS. A disease of the lungs caused by inhalation of minute particles of dust over a period of time, which dust is due to causes and conditions arising out of and in the course of the employment, without regard to whether the causes or conditions are inherent in the employment or can be eliminated or reduced by due care on the part of the employer. The term "occupational pneumoconiosis" shall include, but without limitation, such diseases as silicosis, siderosis, anthracosis, anthrasilicosis, anthracosilicosis, anthraco-tuberculosis, tuberculosilicosis, silico-tuberculosis, aluminosis, and other diseases of the lungs resulting from causes enumerated in this section.
(3) OCCUPATIONAL EXPOSURE TO RADIATION. Gradual exposure to radiation over a period of time from the use of or direct contact with radium, radioactive substances, roentgen rays (X rays), or ionizing radiation, arising out of and in the course of the employment and resulting from the nature of the employment in which the employee is engaged, without regard to whether the exposure is inherent in the employment or can be eliminated or reduced by due care on the part of the employer.
(4) NATURE OF EMPLOYMENT. With respect to subdivisions (2) and (3) above, this term shall mean that, as to the industry in which the employee is engaged, there is attached a particular hazard of the exposure that distinguishes it from the usual run of occupations and is in excess of the hazards of the exposure attending employment in general.
(5) CONTRACTION OF AN OCCUPATIONAL DISEASE. This term shall include any aggravation of the disease without regard to the employment in which the disease was contracted.
(Acts 1971, No. 668, p. 1379; Acts 1992, No. 92-537, p. 1082, §32.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-111 - Right to Compensation for Death or Disablement.

Section 25-5-111
Right to compensation for death or disablement.
Where the employer and employee are subject to this chapter, the disablement or death of an employee caused by the contraction of an occupational disease, as defined in Section 25-5-110, shall be treated as an injury by accident, and the employee or, in case of his death, his dependents shall be entitled to compensation as provided in this article. In no case, however, shall an employer be liable for compensation by reason of the contraction of an occupational disease, as defined in Section 25-5-110, or for disability or death resulting therefrom unless such disease arose out of and in the course of the employment and resulted from the nature of the employment in which the employee was engaged.
(Acts 1971, No. 668, p. 1379.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-112 - Presumptions as to Applicability and Acceptance of Provisions of Article.

Section 25-5-112
Presumptions as to applicability and acceptance of provisions of article.
All contracts of employment made on or after September 1, 1971, shall be presumed to have been made with reference to and subject to the provisions of this article. All contracts of employment made prior to and existing on September 1, 1971, shall be presumed to continue from and after said date, subject to and under the provisions of this article. Every employer and every employee shall be presumed to have accepted and come under this article and the provisions thereof relating to the payment and acceptance of compensation.
(Acts 1971, No. 668, p. 1379; Acts 1973, No. 1062, p. 1750, §37.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-113 - Manner of Compensation, etc., Provided by Article Exclusive.

Section 25-5-113
Manner of compensation, etc., provided by article exclusive.
No employee of any employer subject to this article, nor the personal representative, surviving spouse, or next of kin of any such employee shall have any right to any other method, form, or amount of compensation or damages for the contraction of an occupational disease, as defined in this article, or for injury, disability, loss of service, or death resulting from such disease, arising out of and in the course of employment, or determination thereof, in any manner other than as provided in this article.
(Acts 1971, No. 668, p. 1379; Acts 1973, No. 1062, p. 1750, §39.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-114 - Rights and Remedies of Employees, etc., Under Article Exclusive; Civil and Criminal Liability of Employers, Etc.

Section 25-5-114
Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc.
The rights and remedies granted in this article shall exclude all other rights and remedies of an employee, his personal representative, parent, surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise on account of the contraction of an occupational disease, as defined in this article, and on account of any injury, disability, loss of service, or death resulting from an occupational disease, as defined in this article. Except as provided in this article, no employer included within the terms of this chapter and no officer, director, agent, servant, or employee of such employer shall be held civilly liable for the contraction of an occupational disease, as defined in this article, or for injury, disability, loss of service, or death of any employee due to an occupational disease while engaged in the service or business of the employer, the cause of which occupational disease originates in the employment; but nothing in this section shall be construed to relieve any person from criminal prosecution for failure or neglect to perform any duty imposed by law. The immunity from civil liability shall extend to any workers' compensation insurance carrier of such employer and to any officer, director, agent, servant, or employee of such carrier, and such immunity shall further extend to any labor union, or any official or representative thereof, making a safety inspection for the benefit of the employer or the employees.
(Acts 1971, No. 668, p. 1379; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §17.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-115 - False Written Representation to Employer as to Previous Compensation for Occupational Disease.

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.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-116 - Which Employer Liable for Compensation of Employee; Contribution.

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, §33.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-117 - Limitation Period for Claims or Actions for Compensation.

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 filed a verified complaint as provided in Section 25-5-88. Notwithstanding the foregoing, if upon the date of death the employee's claim is barred, any claim by his or her dependents likewise shall be barred. If, however, payments of compensation have been made, the limitations as to compensation shall not take effect until the expiration of two years from the time of making the last payment. In case of physical or mental incapacity, other than the minority of the injured employee or his or her dependent, to perform or cause to be performed any act required within the time specified in this section, the period of limitation in any case shall be extended to become effective two years from the date when the incapacity ceases. No agreement, express or implied, to shorten or to extend the limitations shall be valid or binding on either of the parties if the employment, at the time of the exposure, is or was subject to this article.
(b) For the purposes of occupational diseases other than pneumoconiosis or radiation, "the date of the injury" shall mean the date of the last exposure to the hazards of the disease in the employment of the employer in whose employment the employee was last exposed to the hazards of the disease.
(c) For purposes of pneumoconiosis and radiation, "the date of the injury" shall mean the date of the last exposure to the hazards of the disease in the employment of the employer in whose employment the employee was last exposed to the hazards of the disease in each of at least 12 months, within a period of five years prior to the date of the injury.
(Acts 1971, No. 668, p. 1379; Acts 1992, No. 92-537, p. 1082, §34.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-118 - Rights and Remedies as to Exposures to Hazards of Occupational Disease Occurring Prior to September 1, 1971.

Section 25-5-118
Rights and remedies as to exposures to hazards of occupational disease occurring prior to September 1, 1971.
All exposures of the employee occurring prior to September 1, 1971, to the hazards of an occupational disease, as defined in this article, while in the employ of the employer, shall be deemed for all purposes to be subject to the provisions of this article, and the employee, his personal representative, parents, surviving spouse, dependents, and next of kin shall be entitled to compensation or other benefits and barred from other rights and remedies as provided in this article for exposures occurring after September 1, 1971.
(Acts 1971, No. 668, p. 1379; Acts 1973, No. 1062, p. 1750, §41.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-119 - Computation of Compensation and Benefits Payable Under Article.

Section 25-5-119
Computation of compensation and benefits payable under article.
The compensation payable for death or disability caused by an occupational disease, as defined in this article, shall be computed in the same manner and in the same amounts as provided in Article 3 of this chapter for computing compensation for disability or death resulting from an accident arising out of and in the course of the employment and the medical, surgical, hospital, and burial benefits payable under this article caused by said disease shall be computed in the same manner and in the same amounts as provided in Article 3 of this chapter for computing like benefits. The date of injury, as defined in Section 25-5-117, shall be considered the date of the accident for determining the applicable medical, surgical, and hospital benefits, the minimum and maximum weekly benefits and the limitation on the total amount of compensation payable for such occupational disease.
(Acts 1971, No. 668, p. 1379; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §18.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-120 - Presumptions and Burden of Proof as to Right to Compensation.

Section 25-5-120
Presumptions and burden of proof as to right to compensation.
There shall not be a presumption that disablement or death from any cause or infirmity is the result of an occupational disease, nor that an occupational disease will result in disablement or death, and any person claiming compensation or other benefits under this article shall have the burden of establishing that he or she is entitled to the benefits.
(Acts 1971, No. 668, p. 1379; Acts 1992, No. 92-537, p. 1082, §35.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-121 - Settlements Between Parties; Determination of Disputed Compensation Claims.

Section 25-5-121
Settlements between parties; determination of disputed compensation claims.
The interested parties shall have the right to settle all matters of compensation and all questions arising hereunder between themselves in accordance with and subject to the provisions of Article 3 of this chapter, and, in case of a dispute, either party may submit the controversy to the circuit court in accordance with and subject to the provisions of Article 3 of this chapter.
(Acts 1971, No. 668, p. 1379.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-122 - Applicability of Article.

Section 25-5-122
Applicability of article.
The provisions of this article shall apply to all cases of occupational disease, as defined in this article, or injury, disability, or death therefrom, in which the last exposure to hazards of such disease occurred after September 1, 1971, except as otherwise provided in this article.
(Acts 1971, No. 668, p. 1379.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 4 - Compensation for Occupational Diseases. › Section 25-5-123 - Applicability of Other Provisions of Chapter to Article.

Section 25-5-123
Applicability of other provisions of chapter to article.
All of the provisions of Articles 1, 2, 3, and 8 of this chapter, except Section 25-5-78, shall be applicable to this article, unless otherwise provided or inconsistent herewith.
(Acts 1971, No. 668, p. 1379; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §19.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-190 - Definitions.

Section 25-5-190
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) OCCUPATIONAL EXPOSURE TO RADIATION. Gradual exposure to radiation over a period of time from the use of or direct contact with radium, radioactive substances, roentgen rays (X rays), or ionizing radiation, arising out of and in the course of the employment and resulting from the nature of the employment in which the employee is engaged, without regard to whether or not said exposure is inherent in the employment or can be eliminated or reduced by due care on the part of the employer. The term "occupational exposure to radiation" shall not include accidents involving sudden and violent injuries within the meaning of subdivision (9) of Section 25-5-1, such accidents being covered by such section.
(2) NATURE OF EMPLOYMENT. Such term shall mean that, as to the industry in which the employee is engaged, there is attached a particular hazard of such exposure that distinguishes it from the usual run of occupations and is in excess of the hazards of such exposure attending employment in general.
(Acts 1967, No. 521, p. 1245.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-191 - Right to Compensation for Injury or Death.

Section 25-5-191
Right to compensation for injury or death.
Where the employer and employee are subject to the provisions of this chapter, the disablement or death of an employee caused by occupational exposure to radiation, as defined in this article, shall be treated as an injury by accident, and the employee or, in case of his death, his dependents shall be entitled to compensation as provided in this article. In no case, however, shall an employer be liable under this article for compensation by reason of exposure to radiation or for disability or death resulting therefrom unless such exposure arose out of and in the course of the employment and resulted from the nature of the employment in which the employee was engaged.
(Acts 1967, No. 521, p. 1245.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-192 - Presumptions as to Applicability and Acceptance of Provisions of Article.

Section 25-5-192
Presumptions as to applicability and acceptance of provisions of article.
All contracts of employment made on or after September 7, 1967, shall be presumed to have been made with reference to and subject to the provisions of this article. All contracts of employment made prior to and existing on September 7, 1967, shall be presumed to continue from and after said date, subject to and under the provisions of this article. Every employer and every employee shall be presumed to have accepted and come under this article and the provisions thereof relating to the payment and acceptance of compensation.
(Acts 1967, No. 521, p. 1245; Acts 1973, No. 1062, p. 1750, §32.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-193 - Manner of Compensation, etc., Provided by Article Exclusive.

Section 25-5-193
Manner of compensation, etc., provided by article exclusive.
No employee of any employer subject to this article, nor the personal representative, surviving spouse, or next of kin of any such employee shall have any right to any other method, form, or amount of compensation or damages for occupational exposure to radiation, or for injury, disability, loss of service, or death resulting from such exposure, arising out of and in the course of employment, or determination thereof, in any manner other than as provided in this article.
(Acts 1967, No. 521, p. 1245; Acts 1973, No. 1062, p. 1750, §34.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-194 - Rights and Remedies of Employees, etc., Under Article Exclusive; Civil and Criminal Liability of Employers, Etc.

Section 25-5-194
Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc.
The rights and remedies granted in this article shall exclude all other rights and remedies of an employee, his personal representative, parent, surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise on account of occupational exposure to radiation and on account of any injury, disability, loss of service, or death resulting from occupational exposure to radiation. Except as provided in this article, no employer included within the terms of this chapter and no officer, director, agent, servant, or employee of such employer shall be held civilly liable for the occupational exposure to radiation or for injury, disability, loss of service, or death of any employee due to occupational exposure to radiation while engaged in the service or business of the employer, the cause of which occupational exposure to radiation originates in the employment, but nothing in this section shall be construed to relieve any person from criminal prosecution for failure or neglect to perform any duty imposed by law; provided, however, that nothing in this article shall be interpreted so as to deprive an employee or, in case of death, his dependents of any rights or remedies he may have under Articles 2 and 3 of this chapter. The immunity from civil liability shall extend to any workmen's compensation insurance carrier of such employer and to any officer, director, agent, servant, or employee of such carrier, and such immunity shall further extend to any labor union, or any official or representative thereof, making a safety inspection for the benefit of the employer or its employees.
(Acts 1967, No. 521, p. 1245; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §14.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-195 - False Written Representation to Employer as to Previous Compensation for Exposure to Radiation.

Section 25-5-195
False written representation to employer as to previous compensation for exposure to radiation.
If any 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 disabled, laid off or compensated in damages, workers' compensation, or otherwise, because of occupational exposure to radiation, or as not having previously been subjected to occupational exposure to radiation, 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 exposure to radiation subsequent to such representation and while in the employ of such employer.
(Acts 1967, No. 521, p. 1245.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-196 - Which Employer Liable for Compensation of Employee; Contribution Not Required From Nonliable Employer.

Section 25-5-196
Which employer liable for compensation of employee; contribution not required from nonliable employer.
Where compensation is payable under this article, the only employer liable, if any, shall be the employer in whose employment the employee was last exposed within a period of five years prior to the date of the injury, to the hazards of said radiation, in each of at least 12 months. The employer who is liable shall not be entitled to contribution from any other employer of such employee.
(Acts 1967, No. 521, p. 1245.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-197 - Limitation Period for Claims or Actions for Compensation.

Section 25-5-197
Limitation period for claims or actions for compensation.
In case of occupational exposure to radiation, as defined in this article, or of injury or disability resulting therefrom, all claims for compensation shall be forever barred, unless within one year after the employee first suffered disability therefrom and either knew or in the exercise of reasonable diligence should have known that the disability was caused therefrom, but in no event more than three years after date of the injury as hereinafter defined, the parties shall have agreed upon the compensation payable under this article, or unless within such period of time one of the parties shall have filed a verified complaint as provided in Section 25-5-88. In case of death, all claims for compensation shall be forever barred, unless the death results proximately from occupational exposure to radiation, as defined in this article, and occurs within three years of the date of the injury, as hereinafter defined, and unless within one year after such death the parties shall have agreed upon the compensation under this article, or unless within one year after such death one of the parties shall have filed a verified complaint as provided in Section 25-5-88; provided, however, that if upon the date of the death of the employee the employee's claim is barred, any claim by or for his dependents shall likewise be barred. Where, however, payments of compensation have been made in any case, said limitations shall not take effect until the expiration of one year from the time of making the last payment. In case of the mental incapacity of the injured employee or his dependents to perform or cause to be performed any act required within the time in this section specified, the period of limitation in any such case shall be extended to become effective one year from the date when such incapacity ceases. No agreement, express or implied, to shorten or to extend said limitations shall be valid or binding on either of the parties when said employment, at the time of said exposure, is or was subject to the provisions of this article. The "date of the injury" shall mean, for all purposes of this article, the date of the last exposure to the hazards of radiation in the employment of the employer in whose employment the employee was last exposed, within a period of five years prior to the date of the injury, to the hazards of radiation in each of at least 12 months.
(Acts 1967, No. 521, p. 1245.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-198 - Rights and Remedies as to Exposures to Hazards of Radiation Occurring Prior to September 7, 1967.

Section 25-5-198
Rights and remedies as to exposures to hazards of radiation occurring prior to September 7, 1967.
All exposures of the employee occurring prior to September 7, 1967, to the hazards of radiation while in the employ of the employer shall be deemed for all purposes to be subject to the provisions of this article, and the employee, his personal representative, parents, surviving spouse, dependents, and next of kin shall be entitled to compensation, or other benefits and barred from other rights and remedies as provided in this article for exposures occurring after September 7, 1967.
(Acts 1967, No. 521, p. 1245; Acts 1973, No. 1062, p. 1750, §36.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-199 - Computation of Compensation and Benefits Payable Under Article.

Section 25-5-199
Computation of compensation and benefits payable under article.
The compensation payable for death or disability caused by occupational exposure to radiation shall be computed in the same manner and in the same amounts as provided in Article 3 of this chapter for computing compensation for disability or death resulting from an accident arising out of and in the course of the employment, and the medical, surgical, hospital, and burial benefits payable under this article caused by said exposure shall be computed in the same manner and in the same amounts as provided in Article 3 of this chapter for computing like benefits. The date of injury, as defined in Section 25-5-197, shall be considered the date of the accident for determining the applicable medical, surgical, and hospital benefits, the minimum and maximum weekly benefits and the limitation on the total amount of compensation payable for occupational exposure to radiation.
(Acts 1967, No. 521, p. 1245; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §15.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-200 - Presumptions and Burden of Proof as to Right to Compensation.

Section 25-5-200
Presumptions and burden of proof as to right to compensation.
There shall be no presumption that disablement or death from any cause or infirmity is the result of occupational exposure to radiation, nor that occupational exposure to radiation will result in disablement or death, and any person claiming compensation or other benefits under this article shall have the burden of establishing that he is entitled to such.
(Acts 1967, No. 521, p. 1245.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-201 - Settlements Between Parties; Determination of Disputed Compensation Claims.

Section 25-5-201
Settlements between parties; determination of disputed compensation claims.
The interested parties shall have the right to settle all matters of compensation and all questions arising under this article between themselves in accordance with and subject to the provisions of Article 3 of this chapter, and, in case of a dispute, either party may submit the controversy to the circuit court in accordance with and subject to the provisions of Article 3 of this chapter.
(Acts 1967, No. 521, p. 1245.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-203 - Applicability of Other Provisions of Chapter to Article.

Section 25-5-203
Applicability of other provisions of chapter to article.
All of the provisions of Articles 1, 2, 3, and 8 of this chapter, except Section 25-5-78, shall be applicable to this article, unless otherwise provided or inconsistent herewith.
(Acts 1967, No. 521, p. 1245; Acts 1975, 4th Ex. Sess., No. 86, §16.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 7 - Compensation for Occupational Exposure to Radiation. › Section 25-5-202 - Applicability of Article.

Section 25-5-202
Applicability of article.
The provisions of this article shall apply to all cases of occupational exposure to radiation, or injury, disability, or death therefrom, in which the last exposure to hazards of such radiation occurred after September 7, 1967, except as provided in Section 25-5-198.
(Acts 1967, No. 521, p. 1245.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 8 - Offenses and Penalties. › Section 25-5-226 - Solicitation of Employment or Acceptance of Solicited Employment by Attorneys.

Section 25-5-226
Solicitation of employment or acceptance of solicited employment by attorneys.
Any attorney who in person solicits employment to collect for a consideration any claim of any employee for compensation under this chapter, or who solicits for a consideration employment to defend such claims, or who knowingly accepts such claim after it has been solicited by some other person, or who employs any other person for the purpose of soliciting or obtaining such claim or claims shall be guilty of a misdemeanor and, on conviction, may be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months and must also be fined not more than $500.00. Any attorney convicted under this section must be removed and disbarred from the practice of law in this state, and the record of his conviction is conclusive evidence thereof. The commission by any attorney of any of such acts shall also be a cause for the removal and disbarment of such attorney.
(Acts 1919, No. 245, p. 206; Code 1923, §3998; Code 1940, T. 26, §320.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 8 - Offenses and Penalties. › Section 25-5-227 - Solicitation of Claims or Representation of Claimants by Persons Not Authorized to Practice Law.

Section 25-5-227
Solicitation of claims or representation of claimants by persons not authorized to practice law.
Any person who is not authorized by law to practice the profession of law within this state, who solicits for a consideration or traffics in for a consideration or represents for a consideration any claimant, claimants or claim for compensation under this chapter, shall be guilty of a misdemeanor and, on conviction, may be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months and must also be fined not more than $500.00.
(Acts 1919, No. 245, p. 206; Code 1923, §3999; Code 1940, T. 26, §321.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 8 - Offenses and Penalties. › Section 25-5-229 - Solicitation or Writing of Workers' Compensation Insurance by Insurance Companies, etc., Not in Compliance With Code.

Section 25-5-229
Solicitation or writing of workers' compensation insurance by insurance companies, etc., not in compliance with Code.
Any insurance corporation, organization or association, or any officer, employee or agent of such insurance corporation, organization or association who solicits or writes any workers' compensation insurance in this state without complying with the law as set forth in this Code in reference to filing with the Commissioner of Insurance its classifications of risks and premiums relating thereto or without having received from said Commissioner of Insurance approval of its plan of business or who fails to comply with any other requisites set out in this chapter to make reports in writing, who conducts business in the State of Alabama, shall be guilty of a misdemeanor and, on conviction, may be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months and must also be fined not more than $500.00.
(Acts 1919, No. 245, p. 206; Code 1923, §4001; Code 1940, T. 26, §323.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 8 - Offenses and Penalties. › Section 25-5-231 - Acceptance of Assignment of Employee Compensation Claim, Etc.

Section 25-5-231
Acceptance of assignment of employee compensation claim, etc.
Any person, other than a beneficiary under this chapter, who for a consideration takes or accepts from an employee an assignment of his claim or award or judgment for, or agreement to pay, compensation, or who accepts or takes same as security for a loan or a debt, or who takes a power of attorney to collect the same, retaining any interest in the amount to be collected, shall be guilty of a misdemeanor and, on conviction, may be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months and must also be fined not more than $500.00.
(Acts 1919, No. 245, p. 206; Code 1923, §4003; Code 1940, T. 26, §325.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 9 - Alabama Workmen's Compensation Self-Insurers Guaranty Association. › Section 25-5-250 - Creation; Purpose; Powers.

Section 25-5-250
Creation; purpose; powers.
There is created a nonprofit corporation to be known as the "Alabama Workmen's Compensation Self-Insurers Guaranty Association, Incorporated," hereinafter referred to as "the association." The purpose of the association shall be to create and fund an insolvency fund to assure payment of workmen's compensation claims due from self-insuring employers who are members of the association and who become insolvent. The association shall have those powers granted or permitted nonprofit corporations, as provided in Title 10. In addition, the corporation shall have the power to borrow funds as necessary to carry out its purposes, and to purchase such insurance and reinsurance as is deemed necessary.
(Acts 1989, No. 89-533, p. 1092, §1.)