reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-14 - Legislative Findings and Intent as to Actions Filed by Injured Employee Against Officers, etc., of Same Employer.

Section 25-5-14
Legislative findings and intent as to actions filed by injured employee against officers, etc., of same employer.
The Legislature finds that actions filed on behalf of injured employees against officers, directors, agents, servants, or employees of the same employer seeking to recover damages in excess of amounts received or receivable from the employer under the workers' compensation statutes of this state and predicated upon claimed negligent or wanton conduct resulting in injuries arising out of and in the course of employment are contrary to the intent of the Legislature in adopting a comprehensive workers' compensation scheme and are producing a debilitating and adverse effect upon efforts to retain existing, and to attract new industry to this state. Specifically, the existence of such causes of action places this state at a serious disadvantage in comparison to the existing laws of other states with whom this state competes in seeking to attract and retain industrial operations which would provide better job opportunities and increased employment for people in this state. The existence of such causes of action, and the consequent litigation resulting therefrom, results in substantial costs and expenses to employers which, as a practical matter, must either procure additional liability insurance coverage for supervisory and management employees or fund the costs of defense, judgment or settlement from their own resources in order to retain competent and reliable personnel. The existence of such causes of action has a disruptive effect upon the relationship among employees and supervisory and management personnel. There is a total absence of any reliable evidence that the availability of such causes of action has resulted in any reduction of the number or severity of on-the-job accidents or of any substantial improvement on providing safe working conditions and work practices. The intent of the Legislature is to provide complete immunity to employers and limited immunity to officers, directors, agents, servants, or employees of the same employer and to the workers' compensation insurance carrier and compensation service companies of the employer or any officer, director, agent, servant, or employee of such carrier or company and to labor unions and to any official or representative thereof, from civil liability for all causes of action except those based on willful conduct and such immunity is an essential aspect of the workers' compensation scheme. The Legislature hereby expressly reaffirms its intent, as set forth in Section 25-5-53, as amended herein, and Sections 25-5-144 and 25-5-194, regarding the exclusivity of the rights and remedies of an injured employee, except as provided for herein.
(Acts 1984, 2nd Ex. Sess., No. 85-41, p. 44, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-13 - Applicability of Chapter.

Section 25-5-13
Applicability of chapter.
(a) This chapter shall be applicable to the employees of all counties and all municipalities having populations greater than 2,000 according to the most recent federal decennial census, and shall govern in their employment. This chapter shall be applicable also to the employees of all county and city boards of education, the Alabama Institute for the Deaf and Blind, and all employees of the two-year colleges under the control of the State Board of Education, and shall govern in their employment. The employees of all school systems and institutions, counties, and each municipality covered under this section shall have available to them all the rights and remedies provided under this chapter. The governing bodies of all school systems and institutions, counties, and of each municipality covered under this section shall file all necessary employer reports and notices required at the times and in the manner prescribed in this chapter.
(b) Notwithstanding subsection (a) of this section, this chapter shall not apply to any city (excepting school districts and institutions) which has a population of 250,000 or more according to the last or any subsequent decennial federal census, to any park and recreation board now or hereafter established for those cities, to any board or agency now or hereafter authorized and established by the governing body of those cities, nor to employees of the city or of any board or agency.
(Acts 1975, No. 565, p. 1299, §1; Acts 1975, 4th Ex. Sess., No. 29, p. 2645, §1; Acts 1984, No. 84-322, p. 741, §1; Acts 1992, No. 92-537, p. 1082, §9.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-15 - Safety Committee.

Section 25-5-15
Safety committee.
Upon the written request of any employee, each employer subject to the workers' compensation law shall appoint a safety committee. The safety committee shall consist of not less than three committee members, one of whom must be a nonsupervisory employee. The safety committee shall advise the employer regarding safety in the work place, including suggestions from employees regarding safety conditions in the work place. Any employee shall have the right to notify the safety committee of a safety condition in the work place. The safety committee shall develop procedures by which an employee may give such notification. The provisions of this section shall not apply to any employer who now or in the future has an established safety committee pursuant to contract or agreement with its employees or their representative.
(Acts 1984, 2nd Ex. Sess., No. 85-41, p. 44, §10.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-15.1 - State Safety Program; Legislative Intent; Creation.

Section 25-5-15.1
State safety program; legislative intent; creation.
(a) It is the intent of the Legislature to promote safety education, safety planning, and to provide any needed technical assistance.
(b) The Secretary of the Department of Labor shall coordinate with the safe state program, the safety and health consulting service, to establish a safety program for cooperating with industry to promote safety and provide technical assistance. Emphasis shall be placed on unsafe acts in both small industry and high risk industry.
(c) Qualified safety management specialists shall be employed in the safe state program to assist employers in developing or improving their safety programs. Safe state program personnel shall, upon referral by the secretary of an employer's request, make inspections for safety monitoring and report the resulting findings and recommendations to the employer and to the secretary.
(d) The safe state program shall establish and collect reasonable fees for technical and consultative safety services that are not required by law, provided to persons requesting the services from or through the Workers' Compensation Division of the Department of Labor.
(Acts 1992, No. 92-537, p. 1082, §31.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-17 - Severability.

Section 25-5-17
Severability.
The provisions of this act are expressly declared not to be severable. If any provision of this act shall be adjudged to be invalid by any court of competent jurisdiction, then this entire act shall be invalid and held for naught.
(Acts 1984, 2nd Ex. Sess., No. 85-41, p. 44, §13.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 2 - Compensation by Civil Action. › Section 25-5-30 - Applicability of Article; Article Deemed Extension or Modification of Common Law.

Section 25-5-30
Applicability of article; article deemed extension or modification of common law.
This article shall not apply in cases where Article 3 of this chapter becomes operative in accordance with the provisions thereof, but shall apply in all other cases, and in such cases shall be an extension or modification of the common law.
(Acts 1939, No. 661, p. 1036, §18; Code 1940, T. 26, §262; Acts 1949, No. 36, p. 47, §2; Acts 1971, No. 667, p. 1376, §§1, 2; Acts 1973, No. 1062, p. 1750, §4.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 2 - Compensation by Civil Action. › Section 25-5-31 - Right of Action for Damages for Injuries or Death of Employee.

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.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 2 - Compensation by Civil Action. › Section 25-5-32 - Excluded Defenses.

Section 25-5-32
Excluded defenses.
In all cases brought under this article, it shall not be a defense:
(1) That the employee was negligent, unless and except it shall also appear that such negligence was wilful or that such employee was guilty of wilful misconduct as defined in Section 25-5-51.
(2) That the injury was caused by the negligence of a fellow employee.
(3) That the employee had assumed the risks inherent in or incidental to the work, or arising out of his employment, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished.
(Acts 1919, No. 245, p. 206; Code 1923, §7535; Code 1940, T. 26, §254.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 2 - Compensation by Civil Action. › Section 25-5-33 - Applicability of Sections 25-5-31 and 25-5-32 to Other Claims for Personal Injury or Death.

Section 25-5-33
Applicability of Sections 25-5-31 and 25-5-32 to other claims for personal injury or death.
The provisions of Sections 25-5-31 and 25-5-32 shall apply to any claims for death of an employee as covered by Sections 6-5-391, 6-5-410, and 25-6-3, and to personal injuries arising under Sections 6-5-390 and 25-6-1.
(Acts 1919, No. 245, p. 206; Code 1940, T. 26, §257; Acts 1973, No. 1062, p. 1750, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 2 - Compensation by Civil Action. › Section 25-5-34 - Applicability of This Article and Article 3 of Chapter to Minors; Double Compensation When Minor Illegally Employed.

Section 25-5-34
Applicability of this article and Article 3 of chapter to minors; double compensation when minor illegally employed.
The provisions of this article and Article 3 of this chapter shall apply to employees who are minors and who have been employed in accordance with or contrary to laws regulating the employment of minors. If at the time of injury the minor was employed in violation of or contrary to the law regulating the employment or any part thereof, then the compensation shall be two times what it would be if the employment had been legal.
(Acts 1919, No. 245, p. 206; Code 1923, §7539; Acts 1931, No. 357, p. 415; Code 1940, T. 26, §258.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 2 - Compensation by Civil Action. › Section 25-5-36 - Burden of Proof as to Misconduct of Employee.

Section 25-5-36
Burden of proof as to misconduct of employee.
In all actions of law brought pursuant to this article, the burden of proof to establish the wilful misconduct or other misconduct as defined in Section 25-5-51, of the injured employee shall be upon the defendant.
(Acts 1919, No. 245, p. 206; Code 1923, §7541; Code 1940, T. 26, §260.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-51 - Right to Compensation for Injuries or Death; Grounds for Denial of Compensation.

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 pursuant to standards adopted for drug testing by the U.S. Department of Transportation in 49 C.F.R. Part 40 shall be a conclusive presumption of impairment resulting from the use of illegal drugs. No compensation shall be allowed if the employee refuses to submit to or cooperate with a blood or urine test as set forth above after the accident after being warned in writing by the employer that such refusal would forfeit the employee's right to recover benefits under this chapter.
No compensation shall be allowed if, at the time of or in the course of entering into employment or at the time of receiving notice of the removal of conditions from a conditional offer of employment, the employee knowingly and falsely misrepresents in writing his or her physical or mental condition and the condition is aggravated or reinjured in an accident arising out of and in the course of his or her employment.
At the time an employer makes an unconditional offer of employment or removes conditions previously placed on a conditional offer of employment, the employer shall provide the employee with the following written warning in bold type print, "Misrepresentations as to preexisting physical or mental conditions may void your workers' compensation benefits." If the employer defends on the ground that the injury arose in any or all of the last above stated ways, the burden of proof shall be on the employer to establish the defense.
(Acts 1919, No. 245, p. 206; Code 1923, §7544; Code 1940, T. 26, §270; Acts 1973, No. 1062, p. 1750, §7; Acts 1984, 2nd Ex. Sess., No. 85-41, p. 44, §4; Acts 1992, No. 92-537, p. 1082, §11.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-52 - Manner of Compensation, etc., Provided by Chapter Exclusive.

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.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-53 - Rights and Remedies of Employees, etc., Exclusive; Civil and Criminal Liability of Employers, Etc.

Section 25-5-53
Rights and remedies of employees, etc., exclusive; civil and criminal liability of employers, etc.
The rights and remedies granted in this chapter to an employee shall exclude all other rights and remedies of the employee, his or her personal representative, parent, dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss of services, or death. Except as provided in this chapter, no employer shall be held civilly liable for personal injury to or death of the employer's employee, for purposes of this chapter, whose injury or death is due to an accident or to an occupational disease while engaged in the service or business of the employer, the cause of which accident or occupational disease originates in the employment. In addition, immunity from civil liability for all causes of action except those based upon willful conduct shall also extend to the workers' compensation insurance carrier of the employer; to a person, firm, association, trust, fund, or corporation responsible for servicing and payment of workers' compensation claims for the employer; to an officer, director, agent, or employee of the carrier, person, firm, association, trust, fund, or corporation; to a labor union, an official, or representative thereof; to a governmental agency providing occupational safety and health services, or an employee of the agency; and to an officer, director, agent, or employee of the same employer, or his or her personal representative. Nothing in this section shall be construed to relieve a person from criminal prosecution for failure or neglect to perform a duty imposed by law.
For the purpose of this section, a carrier, person, firm, association, trust, fund, or corporation shall include a company or a governmental agency making a safety inspection on behalf of a self-insured employer or its employees and an officer, director, agent, or employee of the company or a governmental agency.
(Acts 1919, No. 245, p. 206; Code 1923, §7546; Code 1940, T. 26, §272; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §4; Acts 1984, 2nd Ex. Sess., No. 85-41, p. 44, §5; Acts 1992, No. 92-537, p. 1082, §13.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-54 - Presumptions as to Applicability and Acceptance of Provisions of Articles.

Section 25-5-54
Presumptions as to applicability and acceptance of provisions of articles.
Every employer and employee, except as otherwise specifically provided in this article, shall be presumed to have accepted and come under this article and Article 4 of this chapter and the provisions thereof relating to the payment and acceptance of compensation.
(Acts 1919, No. 245, p. 206; Code 1923, §7547; Acts 1935, No. 387, p. 831; Acts 1936, Ex. Sess., No. 29, p. 9; Acts 1939, No. 661, p. 1036, §15; Code 1940, T. 26, §273; Acts 1973, No. 1062, p. 1750, §9; Acts 1992, No. 92-537, p. 1082, §14.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-55 - Rights and Powers of Minors Under Article Generally; Effect of Payment of Awards to Minors.

Section 25-5-55
Rights and powers of minors under article generally; effect of payment of awards to minors.
For the purposes of this article and Article 4 of this chapter, minors shall have the same power to contract, make settlements and receive compensation as adult employees, subject to the power of the court, in its discretion, to require the appointment of a guardian to make the settlement and to receive moneys thereunder or under an award. Payments of awards made to minors or their guardians shall exclude any further compensation either to the minors or to their parents for loss of services or otherwise.
(Acts 1919, No. 245, p. 206; Code 1923, §7549; Code 1940, T. 26, §277; Acts 1973, No. 1062, p. 1750, §13; Acts 1992, No. 92-537, p. 1082, §15.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-56 - Settlements Between Parties.

Section 25-5-56
Settlements between parties.
The interested parties may settle all matters of benefits, whether involving compensation, medical payments, or rehabilitation, and all questions arising under this article and Article 4 of this chapter between themselves, and every settlement shall be in an amount the same as the amounts or benefits stipulated in this article. No settlement for an amount less than the amounts or benefits stipulated in this article shall be valid for any purpose, unless a judge of the court where the claim for compensation under this chapter is entitled to be made, or upon the written consent of the parties, a judge of the court determines that it is for the best interest of the employee or the employee's dependent to accept a lesser sum and approves the settlement. The court shall not approve any settlement unless and until it has first made inquiry into the bona fides of a claimant's claim and the liability of the defendant; and if deemed advisable, the court may hold a hearing thereon. Settlements made may be vacated for fraud, undue influence, or coercion, upon application made to the judge approving the settlement at any time not later than six months after the date of settlement. Upon settlements being approved, judgment shall be entered thereon and duly entered on the records of the court in the same manner and have the same effect as other judgments or as an award if the settlement is not for a lump sum. All moneys voluntarily paid by the employer or insurance carrier to an injured employee in advance of agreement or award shall be treated as advance payments on account of the compensation. In order to encourage advance payments, it is expressly provided that the payments shall not be construed as an admission of liability but shall be without prejudice.
(Code 1923, §7550; Acts 1939, No. 661, p. 1036, §3; Code 1940, T. 26, §278; Acts 1992, No. 92-537, p. 1082, §16.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-58 - Effect of Preexisting Injuries or Infirmities.

Section 25-5-58
Effect of preexisting injuries or infirmities.
If the degree or duration of disability resulting from an accident is increased or prolonged because of a preexisting injury or infirmity, the employer shall be liable only for the disability that would have resulted from the accident had the earlier injury or infirmity not existed.
(Acts 1919, No. 245, p. 206; Code 1923, §7561; Code 1940, T. 26, §288.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-59 - Waiting Period for Compensation; Penalty for Overdue Compensation Payments.

Section 25-5-59
Waiting period for compensation; penalty for overdue compensation payments.
(a) For purposes of this article, except for scheduled injuries as provided in Section 25-5-57(a)(3), compensation for the first three days of disability shall not be payable, nor shall compensation be paid in any case unless the employer has actual knowledge of the injury or is notified thereof within the period specified in Section 25-5-78.
(b) Compensation shall begin with the fourth day after disability, and if the disability from the injury exists for a period as much as 21 days, compensation for the first three days after the injury shall be added to and payable with the first installment due the employee after the expiration of the 21 days. If any installment of compensation payable is not paid without good cause within 30 days after it becomes due, there shall be added to the unpaid installment an amount equal to 15 percent thereof, which shall be paid at the same time as, but in addition to, the installment.
(Code 1923, §7566; Acts 1939, No. 661, p. 1036, §5; Code 1940, T. 26, §292; Acts 1955, No. 351, p. 850; Acts 1971, No. 667, p. 1376, §7; Acts 1973, No. 1062, p. 1750, §20; Acts 1992, No. 92-537, p. 1082, §18.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-61 - Persons Presumed Wholly Dependent.

Section 25-5-61
Persons presumed wholly dependent.
For the purposes of this article, the following described persons shall be conclusively presumed to be wholly dependent:
(1) The wife, unless it is shown that she was voluntarily living apart from her husband at the time of his injury or death, or unless it is shown that the husband was not in any way contributing to her support and had not in any way contributed to her support for more than 12 months next preceding the occurrence of the injury causing his death;
(2) The husband, unless it is shown that he was voluntarily living apart from his wife at the time of her injury or death, or unless it is shown that the wife was not in any way contributing to his support and had not in any way contributed to his support for more than 12 months next preceding the occurrence of the injury causing her death; and
(3) Minor children under the age of 18 years and those over 18, if physically or mentally incapacitated from earning.
(Acts 1919, No. 245, p. 206; Code 1923, §7552; Acts 1935, No. 387, p. 831; Acts 1936, Ex. Sess., No. 29, p. 9; Code 1940, T. 26, §280; Acts 1973, No. 1062, p. 1750, §15.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-63 - Total Dependents - Maximum Compensation.

Section 25-5-63
Total dependents - Maximum compensation.
Total dependents shall be entitled to take compensation in the order named in Section 25-5-62 until the percentage of the average weekly earnings of the deceased, during the time and as specified in Section 25-5-60, shall have been exhausted; but the total compensation to be paid to all total dependents of a deceased employee shall not exceed in the aggregate the maximum weekly compensation stated in Section 25-5-68, except as otherwise provided in this article.
(Acts 1919, No. 245, p. 206; Code 1923, §7560; Acts 1935, No. 387, p. 831; Acts 1936, Ex. Sess., No. 29, p. 9; Code 1940, T. 26, §287; Acts 1949, No. 36, p. 47; Acts 1951, No. 563, p. 978; Acts 1955, No. 350, p. 849; Acts 1957, No. 339, p. 449.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-62 - Total Dependents - Designated; Order of Compensation.

Section 25-5-62
Total dependents - Designated; order of compensation.
A wife, child, husband, mother, father, grandmother, grandfather, sister, brother, mother-in-law or father-in-law who was wholly supported by the deceased workman at the time of his death and for a reasonable period of time immediately prior thereto shall be considered his total dependents, and payment of compensation shall be made to such total dependents in the order named.
(Acts 1919, No. 245, p. 206; Code 1923, §7553; Code 1940, T. 26, §281.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-64 - Partial Dependents.

Section 25-5-64
Partial dependents.
Any member of a class named in Section 25-5-62 who regularly derived part of his support from the earnings of the deceased workman at the time of his death and for a reasonable period of time immediately prior thereto shall be considered his partial dependent, and payment of compensation shall be made to such partial dependents in the order named.
(Acts 1919, No. 245, p. 206; Code 1923, §7554; Acts 1935, No. 387, p. 831; Acts 1936, Ex. Sess., No. 29, p. 9; Code 1940, T. 26, §282.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-65 - Compensation of Orphans or Other Children.

Section 25-5-65
Compensation of orphans or other children.
In computing and paying compensation to orphans or other children, in all cases, only those under 18 years of age or those over 18 years of age who are physically or mentally incapacitated from earning shall be included; the former to receive compensation only during the time they are under 18, the latter for the time they are so incapacitated, within the applicable period for which benefits are payable.
(Acts 1919, No. 245, p. 206; Code 1923, §7559; Code 1940, T. 26, §286; Acts 1973, No. 1062, p. 1750, §18.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-66 - Disposition of Compensation Upon Remarriage of Widow of Employee Who Has Another Dependent.

Section 25-5-66
Disposition of compensation upon remarriage of widow of employee who has another dependent.
THIS SECTION WAS AMENDED BY ACT 2019-445 IN THE 2019 REGULAR SESSION, EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) In case of the remarriage of the surviving spouse of an employee who has another dependent, the unpaid balance of compensation, which would otherwise become due, shall be paid to the dependent or may, on approval by the court, be paid to some suitable person designated by the court for the use and benefit of the dependent. Payment to that person shall discharge the employer from any further liability.
(b) Subsection (a) does not apply to the surviving spouse of a law enforcement officer or firefighter who dies on or after January 1, 2018, as a result of injuries received while engaged in the performance of his or her duties.
(Code 1923, §7555; Acts 1939, No. 661, p. 1036, §4; Code 1940, T. 26, §284; Acts 1992, No. 92-537, p. 1082, §20; Act 2019-445, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-67 - Burial Expenses.

Section 25-5-67
Burial expenses.
If death results to an employee as the result of an accident or an occupational disease arising out of and in the course of the employment, the employer shall pay, in addition to the medical and hospital expenses provided for in Section 25-5-77, the expenses of burial, not exceeding in amount six thousand five hundred dollars ($6,500). If a dispute arises as to the reasonable value of the services rendered in connection with the burial, the same shall be approved by the court before payment after reasonable notice to interested parties as the court may require.
(Acts 1919, No. 245, p. 206; Code 1923, §7557; Acts 1935, No. 387, p. 831; Acts 1936, Ex. Sess., No. 29, p. 9; Code 1940, T. 26, §285; Acts 1945, No. 469, p. 704; Acts 1957, No. 336, p. 437; Acts 1961, Ex. Sess., No. 272, p. 2289, §1; Acts 1971, No. 667, p. 1376, §5; Acts 1973, No. 1062, p. 1750, §17; Acts 1992, No. 92-537, p. 1082, §21; Act 2014-240, p. 768, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-69 - Compensation to Cease Upon Death or Marriage of Dependent; Proportional Benefits for Dependents.

Section 25-5-69
Compensation to cease upon death or marriage of dependent; proportional benefits for dependents.
(a) If compensation is being paid under this article to any dependent, the compensation shall cease upon the death or marriage of the dependent. Where compensation is being paid under this chapter to any dependent, in no event shall such dependent receive more than the proportion which the amount received of the deceased employee's income during his or her life bears to the compensation provided under this article.
(b) Subsection (a) does not apply if the dependent is the surviving spouse of a law enforcement officer or firefighter who dies on or after January 1, 2018, as a result of injuries received in the performance of his or her duties.
(Acts 1919, No. 245, p. 206; Code 1923, §7564; Code 1940, T. 26, §290; Act 2018-523, §2; Act 2019-445, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-76 - Liability of Joint Employers.

Section 25-5-76
Liability of joint employers.
In case any employee for whose injury or death compensation is payable under this article shall, at the time of the injury, be employed and paid jointly by two or more employers subject to this chapter, such employers shall contribute the payment of such compensation in the proportion of their several earnings liability to such employee. If one or more, but not all of such employers, should be subject to this article, and otherwise subject to liability for compensation hereunder, then the liability of such of them as are so subject shall be to pay the proportion of the entire compensation which their proportionate earnings liability bears to the entire earnings of the employee. Nothing in this section shall prevent any arrangement between such employers for a different distribution, as between themselves, of the ultimate burden of such compensation.
(Acts 1919, No. 245, p. 206; Code 1923, §7565; Code 1940, T. 26, §291.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-78 - Written Notice to Employer of Accident - Required.

Section 25-5-78
Written notice to employer of accident - Required.
For purposes of this article only, an injured employee or the employee's representative, within five days after the occurrence of an accident, shall give or cause to be given to the employer written notice of the accident. If the notice is not given, the employee or the employee's dependent shall not be entitled to physician's or medical fees nor any compensation which may have accrued under the terms of this article, unless it can be shown that the party required to give the notice had been prevented from doing so by reason of physical or mental incapacity, other than minority, fraud or deceit, or equal good reason. Notwithstanding any other provision of this section, no compensation shall be payable unless written notice is given within 90 days after the occurrence of the accident or, if death results, within 90 days after the death.
(Acts 1919, No. 245, p. 206; Code 1923, §7568; Code 1940, T. 26, §294; Acts 1992, No. 92-537, p. 1082, §24.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-79 - Written Notice to Employer of Accident - Service and Contents.

Section 25-5-79
Written notice to employer of accident - Service and contents.
The notice referred to in Section 25-5-78 may be served personally upon the employer or upon any agent of the employer upon whom a summons may be served in civil actions or by sending it by registered or certified mail to the employer at his last known residence or business place within the state and shall be substantially in the following form:
"Notice - You are hereby notified that an injury was received by _____ who was in your employ at _____ while engaged as _____, under the superintendency of _____, on or about the _____ day of _____, 2 __, at about __ o'clock, __ m., and who is now located at _____ (give town, street and number), that so far as now known, the nature of the injury was _____ and that compensation may be claimed therefor. Signed _____ (giving address) _____ dated _____, 2__"
No variation from this form shall be material if the notice is sufficient to advise the employer that a certain employee, by name, received a specified injury in the course of his employment on or about a specified time, at or near a certain place specified.
(Acts 1919, No. 245, p. 206; Code 1923, §7569; Code 1940, T. 26, §295.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-80 - Limitation Period for Claims or Actions for Compensation.

Section 25-5-80
Limitation period for claims or actions for compensation.
In case of a personal injury not involving cumulative physical stress, all claims for compensation under this article shall be forever barred unless within two years after the accident the parties shall have agreed upon the compensation payable under this article or unless within two years after the accident one of the parties shall have filed a verified complaint as provided in Section 25-5-88. In cases involving personal injury due to cumulative physical stress, compensation under this article shall be forever barred 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 cases involving claims for lost earning capacity under Section 25-5-57(a)(3)i., other than those involving cumulative physical stress, following termination of employment as outlined therein, compensation under this article and Article 4 shall be forever barred unless brought within two years of the termination. In case of death, all claims for compensation shall be forever barred unless within two years after death, when the death results proximately from the accident within three years, the parties shall have agreed upon the compensation under this article or unless within two years after the death one of the parties shall have filed a verified complaint as provided in Section 25-5-88. Where, however, payments of compensation, as distinguished from medical or vocational payments, have been made in any case, the period of limitation shall not begin to run until the time of making the last payment. In case of physical or mental incapacity, other than the minority of the injured person or his or her dependents, to perform or cause to be performed any act required within the time in this section specified, the period of limitation in any case shall be extended to become effective two years from the date when the incapacity ceases.
(Acts 1919, No. 245, p. 206; Code 1923, §7570; Code 1940, T. 26, §296; Acts 1984, 2nd Ex. Sess., No. 85-41, p. 44, §9; Acts 1992, No. 92-537, p. 1082, §25.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-82 - Compensation for Death to Be Paid Only to United States Residents.

Section 25-5-82
Compensation for death to be paid only to United States residents.
Compensation for the death of an employee shall be paid only to dependents who, at the time of the death of the injured employee, were actually residents of the United States. No right of action to recover damages for the death of an employee shall exist in favor or for the benefit of any person who was not a resident of the United States at the time of the death of such employee.
(Acts 1919, No. 245, p. 206; Code 1923, §7572; Code 1940, T. 26, §298.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-83 - Commutation of Compensation to Lump Sum Payments.

Section 25-5-83
Commutation of compensation to lump sum payments.
By agreement of the parties and with approval of the court, the amounts of compensation payable periodically, under this article and Article 4 of this chapter, may be commuted to one or more lump sum payments. No commutation shall be approved by the court unless the court is satisfied that it is in the best interest of the employee or the employee's dependent, in case of death, to receive the compensation in a lump sum rather than in periodic payments. In making the commutations, the lump sum payment shall, in the aggregate, amount to a sum equal to the present value of all future installments of compensation calculated on a six percent basis.
(Acts 1919, No. 245, p. 206; Code 1923, §7573; Acts 1939, No. 661, p. 1036, §6; Code 1940, T. 26, §299; Acts 1949, No. 36, p. 47; Acts 1957, No. 336, p. 437; Acts 1969, No. 233, p. 557, §4; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §9; Acts 1992, No. 92-537, p. 1082, §27.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-84 - Modification of Payments.

Section 25-5-84
Modification of payments.
All amounts paid by the employer and received by the employee or his dependents under settlements made under Section 25-5-56 shall be final, but the amount of any award payable periodically for more than six months may be modified at any time by agreement of the parties and approved by the court.
(Acts 1919, No. 245, p. 206; Code 1923, §7574; Code 1940, T. 26, §300; Acts 1967, No. 168, p. 509, §5.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-85 - Procedure for and Effect of Payment of Compensation to Court Appointed Trustee.

Section 25-5-85
Procedure for and effect of payment of compensation to court appointed trustee.
At any time after the amount of an award has been agreed upon by the parties or found and ordered by the court, a sum equal to the present value of all future installments of compensation calculated on a six percent basis may, where death or the nature of the injury renders the amount of future payments certain, by leave of court, be paid by the employer to a bank or trust company of this state or a national bank doing business in this state to be approved and designated by the court, and the sum, together with all interest thereon, shall thereafter be held in trust for the employee or dependent of the employee, who shall have no further recourse against the employer. The payment of the sum by the employer, evidenced by the receipts in duplicate of the trustees, one of which shall be filed with the probate judge of the county in which the injury or death occurred and the other filed with the court, shall operate as a satisfaction of the award as to the employer, and the trustee designated by the court shall be allowed to pay itself from the fund a reasonable compensation for acting as the trustee, which compensation shall be fixed by the court in the order making the designation. Payments from the fund shall be made by the trustee in the same amounts and at the same time as are required in this article of the employer until the fund, after deducting the trustee's compensation as above provided, and interest shall be exhausted. In the appointment of the trustee, preference shall be given, in the discretion of the court, to the choice of the injured employee or the dependent of the deceased employee. If the right to receive compensation should terminate on account of death, becoming of age, or marriage, or for any other cause as provided in this article, the balance remaining in the bank or trust company after the termination should be returned by them to the employer, his or her successor, or assigns.
(Acts 1919, No. 245, p. 206; Code 1923, §7575; Acts 1939, No. 149, p. 225; Code 1940, T. 26, §301; Acts 1949, No. 36, p. 47; Acts 1973, No. 1062, p. 1750, §22; Acts 1992, No. 92-537, p. 1082, §28.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-86 - Remedy for Default Upon Periodic Compensation Payments; Exemption of Compensation Claims, etc., From Garnishment, Etc.

Section 25-5-86
Remedy for default upon periodic compensation payments; exemption of compensation claims, etc., from garnishment, etc.
For purposes of this article and Article 4 of this chapter:
(1) If the award, order, or settlement agreement is payable in installments and default has been made in the payment of an installment, the owner or interested party may, upon the expiration of 30 days from the default and upon five days' notice to the defaulting employer or defendant, move for a modification of the award or settlement agreement by ascertaining the present value of the case, including the 15 percent penalty provision of Section 25-5-59, under the rule of computation contained in Section 25-5-85, and upon which execution may issue. The defaulting employer may relieve itself of the execution by entering into a good and sufficient bond, to be approved by the judge, securing the payment of all future installments, and forthwith paying all past due installments with interest and penalty thereon since due. The bond shall be recorded upon the minutes of the court.
(2) Claims for compensation, awards, judgments, or agreements to pay compensation owned by an injured employee or his or her dependent shall not be assignable and shall be exempt from seizure or sale or garnishment for the payment of any debt or liability.
(Acts 1919, No. 245, p. 206; Code 1923, §7576; Code 1940, T. 26, §302; Acts 1992, No. 92-537, p. 1082, §29.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 3 - Elective Compensation Under Contract of Employment. › Section 25-5-87 - Preference of Right to Compensation, Etc.

Section 25-5-87
Preference of right to compensation, etc.
The right to compensation and of compensation awarded any injured employee or for death claims to his dependents shall have the same preference against the assets of the employer as other unpaid wages for labor; but such compensation shall not become a lien upon the property of third persons by reason of such preference.
(Acts 1919, No. 245, p. 206; Code 1923, §7577; Code 1940, T. 26, §303.)