0 chapters · 591 sections in this title.
Ala. Code § 25-5-64 Partial Dependents
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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 comp…
Ala. Code § 25-5-65 Compensation of Orphans or Other Children
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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 the…
Ala. Code § 25-5-66 Disposition of Compensation Upon Remarriage of Widow of Employee Who Has Another Dependent
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(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…
Ala. Code § 25-5-67 Burial Expenses
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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 exceed…
Ala. Code § 25-5-68 Maximum and Minimum Weekly Compensation
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(a) The compensation paid under this article shall be not less than, except as otherwise provided in this article, 27 1/2 percent of the average weekly wage of the state as determined by the secretary, rounded to the nearest dollar, pursuant to subsection (b) and, in any event, n…
Ala. Code § 25-5-69 Compensation to Cease Upon Death or Marriage of Dependent; Proportional Benefits for Dependents
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(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…
Ala. Code § 25-5-7 Supplementary Reports as to Initiation, Cessation, Etc., of Compensation Payments
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In all cases, upon making the first payment of compensation and upon cessation or termination of payment of compensation, for any reason whatever, the employer shall make a supplementary report within 10 days to the Department of Labor on forms approved by said department. If the…
Ala. Code § 25-5-76 Liability of Joint Employers
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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 propo…
Ala. Code § 25-5-77 Expenses of Medical and Surgical Treatment, Vocational Rehabilitation, Medicine, Etc.; Medical Examinations; Review by
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Ombudsman of Medical Services. (a) In addition to the compensation provided in this article and Article 4 of this chapter, the employer, where applicable, shall pay the actual cost of the repair, refitting, or replacement of artificial members damaged as the result of an accident…
Ala. Code § 25-5-78 Written Notice to Employer of Accident - Required
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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’…
Ala. Code § 25-5-79 Written Notice to Employer of Accident - Service and Contents
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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…
Ala. Code § 25-5-8 Employers’ Options to Secure Payment of Compensation
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(a) Option to insure risks. An employer subject to this chapter may secure the payment of compensation under this chapter by insuring and keeping insured his or her liability in some insurance corporation, association, organization, insurance association, corporation, or associat…
Ala. Code § 25-5-80 Limitation Period for Claims or Actions for Compensation
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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…
Ala. Code § 25-5-81 Determination of Disputed Compensation Claims Generally
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(a) Commencement of action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee or between the dependents of a deceased employee and the employer with respect to the right to compensation under this article and Article 2 of this chapter, or the amou…
Ala. Code § 25-5-82 Compensation for Death to Be Paid Only to United States Residents
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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 benef…
Ala. Code § 25-5-83 Commutation of Compensation to Lump Sum Payments
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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 sati…
Ala. Code § 25-5-84 Modification of Payments
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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 appro…
Ala. Code § 25-5-85 Procedure for and Effect of Payment of Compensation to Court Appointed Trustee
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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 a…
Ala. Code § 25-5-86 Remedy for Default Upon Periodic Compensation Payments; Exemption of Compensation Claims, Etc., from Garnishment,
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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 defa…
Ala. Code § 25-5-87 Preference of Right to Compensation, Etc
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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 t…
Ala. Code § 25-5-88 Proceedings for Determination of Disputed Claims for Compensation - Commencement of Action, Etc
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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 res…
Ala. Code § 25-5-89 Proceedings for Determination of Disputed Claims for Compensation - Costs and Fees
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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 per…
Ala. Code § 25-5-9 Pooling of Employers’ Liabilities for Qualification as Self-Insurers
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(a) The Secretary of Labor may, under such rules and regulations as he may prescribe, permit two or more employers, as such term is defined in Section 25-5-1, to enter into agreements to pool their liabilities under this chapter for the purpose of qualifying as self- insurers und…
Ala. Code § 25-5-90 Proceedings for Determination of Disputed Claims for Compensation - Attorney’s Fees
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(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…
Ala. Code § 25-5-91 Forwarding of Copy of Judgment, Etc., to Probate Court; Creation of Judgment Lien
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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…
Ala. Code § 25-5-92 Discharge of Lien Upon Judgment Payable Periodically
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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…
Ala. Code § 25-5-93 Judgments Discharged and Marked Satisfied Upon Proof of Release or Satisfaction of Judgment
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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 rele…
Ala. Code § 25-6-1 Liability of Master or Employer; Effect of Servant’s or Employee’s Knowledge of Defect or Negligence Causing Injury
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(a) Except as otherwise provided by law, when a personal injury is received by a servant or employee in the service or business of the master or employer, the master or employer is liable to answer in damages to such servant or employee, as if he were a stranger and not engaged i…
Ala. Code § 25-6-2 Damages Recovered Not Subject to Debts, Etc., of Servant or Employee
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Damages recovered by the servant or employee, of and from the master or employer, are not subject to the payment of debts or any legal liabilities incurred by him, except judgments in favor of the wholly dependent, or dependents, as defined in Section 25-5-61. History: (Code 1886…
Ala. Code § 25-6-3 Maintenance of Action by Personal Representative; Disposition of Damages Recovered
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If such injury results in the death of the servant or employee, his personal representative is entitled to maintain an action therefor in a court of competent jurisdiction, and the damages recovered are not subject to the payment of debts or liabilities but shall be distributed a…
Ala. Code § 25-6-4 Acceptance of Insurance Benefits, Etc., Not to Bar Action, Etc.; Setoff
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No contract of employment, insurance, relief benefit or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit or indemnity by the person entitled thereto shall constitute any bar or defense to any acti…
Ala. Code § 25-6-5 Franchise Business Protection
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(a) This section shall be known as the Franchise Business Protection Act. (b) For purposes of this section, the terms franchisee and franchisor have the same meaning as defined in 16 C.F.R. § 436.1. (c) Except as provided in a voluntary agreement entered into between the United S…
Ala. Code § 25-7-1 Declaration of Policy
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The right to live involves the right to work. The public and working men and women must be protected. The activities of labor organizations affect the social and economic conditions of the state and the welfare of its citizens. It is declared to be the policy of this state, in th…
Ala. Code § 25-7-11 Use or Threats of Use of Force, Etc., to Secure or Prevent Attendance at Strike Votes or to Influence Votes
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It shall be unlawful for any person at any time or place, by force or the threat of force, to seek to secure or prevent attendance at any meeting or voting place at which any strike vote is taken, or to influence the vote of such employee at such meeting or voting place by the us…
Ala. Code § 25-7-12 Collection, Etc., by Labor Organization, Etc., of Fee, Etc., as Work Permit or Condition of Work
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It shall be unlawful for any labor organization, any labor organizer, any officer, agent, representative or member of any labor organization or any other person to collect, receive or demand, directly or indirectly, from any person, any fee, assessment or sum of money whatsoever,…
Ala. Code § 25-7-13 Membership of Executive, Administrative, Etc., Employees in Labor Organizations; Effect of Section on Existing Insurance
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Contracts. It shall be unlawful for any executive, administrative, professional or supervisory employee to be a member in, or to be accepted for membership by, any labor organization, the constitution and bylaws of which permit membership to employees other than those in executiv…
Ala. Code § 25-7-14 Adoption and Use of Labels or Devices by Unions or Associations of Workingmen
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Any union or association of workingmen may adopt and use a label or device for the purpose of designating and distinguishing any goods, wares, or merchandise or other product of the labor of the association or union of workingmen or of a member or members of the association or un…
Ala. Code § 25-7-15 Provisions of Article Cumulative
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The provisions of this article shall be cumulative of all other laws in force on June 29, 1943, upon the subject, and, in the event of a conflict between laws in force on June 29, 1943, and the provisions of this article, then and in that event the provisions, offenses, and punis…
Ala. Code § 25-7-16 Penalty for Violations of Article
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If any labor organization violates any provision of this article, it shall be penalized civilly in a sum not exceeding $1,000.00 for each such violation, to be recovered as a penalty in the circuit court of the county in which the violation occurred, the action being brought in t…
Ala. Code § 25-7-2 Definitions
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When used in this article, the terms defined in this section shall have the meanings herein ascribed to them, unless it clearly appears from the context that some other meaning is indicated: (1) LABOR ORGANIZATION or LABOR UNION. Every organization, association, group, union, lod…
Ala. Code § 25-7-3 Construction of Article
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Except as otherwise specifically provided in this article, nothing contained in this article shall be construed to interfere with or impede or diminish in any way the right to strike or the right to individuals to work, nor shall anything in this chapter be construed so as to inv…
Ala. Code § 25-7-30 Declaration of Policy
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It is hereby declared to be the public policy of Alabama that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization. History: (Acts 1953, No. 430, p. 535, §1.)
Ala. Code § 25-7-31 Agreement or Combination to Deny Right to Work on Account of Membership or Nonmembership in Labor Union, Etc.,
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Prohibited. Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for said employer, or whereby such membership is made a condition of employment or c…
Ala. Code § 25-7-32 Employers Not to Require Union Membership as Condition of Employment, Etc
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No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment. History: (Acts 1953, No. 430, p. 535, §3.)
Ala. Code § 25-7-33 Employers Not to Require Abstention from Union Membership as Condition of Employment, Etc
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No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment. History: (Acts 1953, No. 430, p. 535, §4.)
Ala. Code § 25-7-34 Employer Not to Require Payment of Union Dues, Etc., as Condition of Employment, Etc
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No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization. History: (Acts 1953, No. 430, p. 535, §5.)
Ala. Code § 25-7-35 Right of Action for Damages for Denial of Employment in Violation of Provisions of Article
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Any person who may be denied employment or be deprived of continuation of his employment in violation of Sections 25-7-32, 25-7- 33, or 25-7-34 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation, or ass…
Ala. Code § 25-7-36 Applicability of Article
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The provisions of this article shall not apply to any lawful contract in force on August 28, 1953, but they shall apply in all respects to contracts entered into after August 28, 1953, and to any renewal or extension of an existing contract. History: (Acts 1953, No. 430, p. 535, …
Ala. Code § 25-7-37 Prohibited Activities by Employers Receiving Development Incentives
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(a) For purposes of this section, the following words have the following meanings: (1) ECONOMIC DEVELOPMENT INCENTIVE. A grant, loan, or tax credit provided by a state or local government to an employer, not including any incentive made pursuant to Article 13 of Chapter 23 of Tit…
Ala. Code § 25-7-4 Boards of Mediation
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The Governor may, whenever he considers it expedient, appoint a board of mediation, consisting of three members, for the purpose of gathering facts and information and hearing evidence concerning the cause of any strike, lockout, or other dispute or disagreement between employees…