2006 Alabama Code - Chapter 5 — WORKERS\' COMPENSATION.

Article 1 General Provisions.

• Section 25-5-1 — Definitions.
• Section 25-5-2 — Powers and duties of Director of Industrial Relations with respect to administration of chapter generally; "director" defined.
• Section 25-5-3 — Director to prepare and distribute forms, etc.
• Section 25-5-4 — Reports and records of injuries for which compensation claimed.
• Section 25-5-5 — Reports of settlements.
• Section 25-5-6 — Circuit court clerks to report disposition of cases.
• Section 25-5-7 — Supplementary reports as to initiation, cessation, etc., of compensation payments.
• Section 25-5-8 — Employers' options to secure payment of compensation.
• Section 25-5-9 — Pooling of employers' liabilities for qualification as self-insurers.
• Section 25-5-10 — Liabilities of persons engaged in schemes, etc., to avoid liability to workers.
• Section 25-5-11 — Actions against third parties jointly liable with employers for injuries or death; actions for injury or death resulting from willful conduct; attorney's fees in settlements with third parties.
• Section 25-5-11.1 — Employee not to be terminated solely for action to recover benefits nor for filing notice of safety rule violation.
• Section 25-5-12 — Chief Justice of Supreme Court to prepare uniform rules for circuit courts.
• Section 25-5-13 — Applicability of chapter.
• Section 25-5-14 — Legislative findings and intent as to actions filed by injured employee against officers, etc., of same employer.
• Section 25-5-15 — Safety committee.
• Section 25-5-15.1 — State safety program; legislative intent; creation.
• Section 25-5-17 — Severability.

Article 2 Compensation by Civil Action.

• Section 25-5-30 — Applicability of article; article deemed extension or modification of common law.
• Section 25-5-31 — Right of action for damages for injuries or death of employee.
• Section 25-5-32 — Excluded defenses.
• Section 25-5-33 — Applicability of Sections 25-5-31 and 25-5-32 to other claims for personal injury or death.
• Section 25-5-34 — Applicability of this article and Article 3 of chapter to minors; double compensation when minor illegally employed.
• Section 25-5-35 — Recovery where accident occurs outside state; effect of compensation under law of another state, etc., upon compensation under this article and Article 3 of chapter, etc.; recovery under this article and Article 3 of chapter for accident occurring within state where employment principally localized outside state.
• Section 25-5-36 — Burden of proof as to misconduct of employee.

Article 3 Elective Compensation Under Contract of Employment.

• Section 25-5-50 — Articles not applicable to certain employers; exemption for corporate officers and independent contractors; coverage for school boards and volunteer fire departments and rescue squads; licensed real estate agent and product demonstrator not employee.
• Section 25-5-51 — Right to compensation for injuries or death; grounds for denial of compensation.
• Section 25-5-52 — Manner of compensation, etc., provided by chapter exclusive.
• Section 25-5-53 — Rights and remedies of employees, etc., exclusive; civil and criminal liability of employers, etc.
• Section 25-5-54 — Presumptions as to applicability and acceptance of provisions of articles.
• Section 25-5-55 — Rights and powers of minors under article generally; effect of payment of awards to minors.
• Section 25-5-56 — Settlements between parties.
• Section 25-5-57 — Compensation for disability.
• Section 25-5-58 — Effect of preexisting injuries or infirmities.
• Section 25-5-59 — Waiting period for compensation; penalty for overdue compensation payments.
• Section 25-5-60 — Compensation for death.
• Section 25-5-61 — Persons presumed wholly dependent.
• Section 25-5-62 — Total dependents — Designated; order of compensation.
• Section 25-5-63 — Total dependents — Maximum compensation.
• Section 25-5-64 — Partial dependents.
• Section 25-5-65 — Compensation of orphans or other children.
• Section 25-5-66 — Disposition of compensation upon remarriage of widow of employee who has another dependent.
• Section 25-5-67 — Burial expenses.
• Section 25-5-68 — Maximum and minimum weekly compensation.
• Section 25-5-69 — Compensation to cease upon death or marriage of dependent; proportional benefits for dependents.
• Section 25-5-76 — Liability of joint employers.
• Section 25-5-77 — Expenses of medical and surgical treatment, vocational rehabilitation, medicine, etc.; medical examinations; review by ombudsman of medical services.
• Section 25-5-78 — Written notice to employer of accident — Required.
• Section 25-5-79 — Written notice to employer of accident — Service and contents.
• Section 25-5-80 — Limitation period for claims or actions for compensation.
• Section 25-5-81 — Determination of disputed compensation claims generally.
• Section 25-5-82 — Compensation for death to be paid only to United States residents.
• Section 25-5-83 — Commutation of compensation to lump sum payments.
• Section 25-5-84 — Modification of payments.
• Section 25-5-85 — Procedure for and effect of payment of compensation to court appointed trustee.
• Section 25-5-86 — Remedy for default upon periodic compensation payments; exemption of compensation claims, etc., from garnishment, etc.
• Section 25-5-87 — Preference of right to compensation, etc.
• Section 25-5-88 — Proceedings for determination of disputed claims for compensation — Commencement of action, etc.
• Section 25-5-89 — Proceedings for determination of disputed claims for compensation — Costs and fees.
• Section 25-5-90 — Proceedings for determination of disputed claims for compensation — Attorney's fees.
• Section 25-5-91 — Forwarding of copy of judgment, etc., to probate court; creation of judgment lien.
• Section 25-5-92 — Discharge of lien upon judgment payable periodically.
• Section 25-5-93 — Judgments discharged and marked satisfied upon proof of release or satisfaction of judgment.

Article 4 Compensation for Occupational Diseases.

• Section 25-5-110 — Definitions.
• Section 25-5-111 — Right to compensation for death or disablement.
• Section 25-5-112 — Presumptions as to applicability and acceptance of provisions of article.
• Section 25-5-113 — Manner of compensation, etc., provided by article exclusive.
• Section 25-5-114 — Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc.
• Section 25-5-115 — False written representation to employer as to previous compensation for occupational disease.
• Section 25-5-116 — Which employer liable for compensation of employee; contribution.
• Section 25-5-117 — Limitation period for claims or actions for compensation.
• Section 25-5-118 — Rights and remedies as to exposures to hazards of occupational disease occurring prior to September 1, 1971.
• Section 25-5-119 — Computation of compensation and benefits payable under article.
• Section 25-5-120 — Presumptions and burden of proof as to right to compensation.
• Section 25-5-121 — Settlements between parties; determination of disputed compensation claims.
• Section 25-5-122 — Applicability of article.
• Section 25-5-123 — Applicability of other provisions of chapter to article.

Article 5 Compensation for Occupational Pneumoconiosis Generally.

Article 6 Compensation for Pneumoconiosis of Coal Miners.

Article 7 Compensation for Occupational Exposure to Radiation.

• Section 25-5-190 — Definitions.
• Section 25-5-191 — Right to compensation for injury or death.
• Section 25-5-192 — Presumptions as to applicability and acceptance of provisions of article.
• Section 25-5-193 — Manner of compensation, etc., provided by article exclusive.
• Section 25-5-194 — Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc.
• Section 25-5-195 — False written representation to employer as to previous compensation for exposure to radiation.
• Section 25-5-196 — Which employer liable for compensation of employee; contribution not required from nonliable employer.
• Section 25-5-197 — Limitation period for claims or actions for compensation.
• Section 25-5-198 — Rights and remedies as to exposures to hazards of radiation occurring prior to September 7, 1967.
• Section 25-5-199 — Computation of compensation and benefits payable under article.
• Section 25-5-200 — Presumptions and burden of proof as to right to compensation.
• Section 25-5-201 — Settlements between parties; determination of disputed compensation claims.
• Section 25-5-202 — Applicability of article.
• Section 25-5-203 — Applicability of other provisions of chapter to article.

Article 8 Offenses and Penalties.

• Section 25-5-226 — Solicitation of employment or acceptance of solicited employment by attorneys.
• Section 25-5-227 — Solicitation of claims or representation of claimants by persons not authorized to practice law.
• Section 25-5-229 — Solicitation or writing of workers' compensation insurance by insurance companies, etc., not in compliance with Code.
• Section 25-5-231 — Acceptance of assignment of employee compensation claim, etc.

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

• Section 25-5-250 — Creation; purpose; powers.
• Section 25-5-251 — Membership requirements.
• Section 25-5-252 — Board of directors; eligibility; length of term; vacancies; reimbursement; registered agent.
• Section 25-5-253 — Bylaws.
• Section 25-5-254 — Annual assessments for administration of association.
• Section 25-5-255 — Insolvency fund.
• Section 25-5-256 — Association subject to examination and regulation by Department of Industrial Relations.
• Section 25-5-257 — Assessments deductible as business expenses.

Article 10 Insurance with Optional Deductibles.

• Section 25-5-270 — Certain employers authorized to purchase insurance with optional deductibles.
• Section 25-5-271 — Optional deductibles to be offered in policy; exception.
• Section 25-5-272 — Premium reduction to be determined before application of experience modification, premium surcharge, etc.
• Section 25-5-273 — Applicability.

Article 11 Ombudsman Program.

• Section 25-5-290 — Ombudsman program, creation; purpose; members; notification of service; benefit review conferences.
• Section 25-5-291 — Benefit review conferences.
• Section 25-5-292 — Resolution of disputes, settlement agreements; written reports; interlocutory orders; final determinations of liability.
• Section 25-5-293 — Duties of director; continuing education, accounting; recovery of expenses; advisory committees; legislative intent regarding reimbursements.
• Section 25-5-294 — Communications, etc. privileged; documentation; release of records or information; penalty for obtaining information under false pretenses.

Article 12 Workers' Compensation Medical Services Board.

• Section 25-5-310 — Definitions.
• Section 25-5-311 — Workers' Compensation Medical Services Board; creation, members, functions.
• Section 25-5-312 — Powers and duties of the board.
• Section 25-5-313 — Schedule of maximum fees.
• Section 25-5-314 — Contracts for medical services at mutually agreed rates.
• Section 25-5-315 — Immunity from liability.
• Section 25-5-316 — Workers' Compensation Administrative Trust Fund; creation; management; trustee and custodian; assessments; penalties.
• Section 25-5-317 — Assessment of pro rata share; disposition of unexpended balance.
• Section 25-5-318 — One-time discount to small employers.

Article 13 Drug-free Workplace Program.

• Section 25-5-330 — Legislative intent.
• Section 25-5-331 — Definitions.
• Section 25-5-332 — Premium discount where drug-free workplace program implemented.
• Section 25-5-333 — Elements of program.
• Section 25-5-334 — Notice of testing; written policy statement.
• Section 25-5-335 — Types of tests; procedures for specimen collection and testing; laboratory; confirmation of tests.
• Section 25-5-336 — Employee assistance program or resource file of employee assistance providers.
• Section 25-5-337 — Semiannual education program; supervisor training.
• Section 25-5-338 — Construction of article.
• Section 25-5-339 — Confidentiality of information.
• Section 25-5-340 — Department of Industrial Relations to perform administrative duties for certification of employers.