Workers' Compensation - Alabama Law

Gregory J. Cook, EA, CPA+ Accredited Tax Advisor Past President Alabama Society of Enrolled Agents Past President Alabama Association of Accountants

Workers' compensation (workers' comp) is a form of insurance that provides wage replacement and medical benefits for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. Alabama was one of the first states to enact an Employer Liability Act in 1855.

The Alabama Workers’ Compensation Law is compulsory for all nonagricultural employers having more than four part-time or full-time employees. These employers are required to provide workers’ compensation benefits for injuries arising from or in the course of employment. Workers’ compensation insurance may be purchased through a private casualty insurance company licensed to do business in the State of Alabama. As an alternative, employers may qualify with the Department of Industrial Relations to function as self-insured businesses or be accepted as a member of a group self-insurance fund.

Employees injured on the job by accident or disabling occupational diseases are entitled to receive benefits for either temporary or permanent disabilities, for all reasonable and necessary medical expenses, and for vocational rehabilitation in some circumstances. Dependents are entitled to receive compensation in cases where death results. The maximum weekly compensation payable is limited to two-thirds of the employee’s average weekly salary, not to exceed 100% of the state’s average weekly wage.

Special taxes or assessments for the cost of administering the Alabama Workers’ Compensation Law are payable by employers.

We are seeing cases where the insurers are attempting to force businesses (not in the construction industry) to pay WC insurance on independent contractors! This is beyond the point of ridiculous. In one case, they were attempting to force an automobile dealer to pay workers comp on a small unincorporated body shop owner, simply because the dealer issued a form 1099 to that person.

The automobile dealer asked me, "if that body shop owner gets injured at his shop on his own property, a work place over which I have no control (in fact I've never been to his place of business), do you think the insurer would pay a claim?" I honestly do not know because I've never witnessed such an event, but I highly doubt it. Nothing here should be misconstrued as legal advice, I'm just going to provide access to the law. 

ALABAMA WORKERS’ COMPENSATION LAW

A. INTRODUCTION

The purpose of Alabama’s Workers’ Compensation Act is to provide benefits to employees who suffer occupational health and injury problems. Typically, the statute limits compensation benefits to personal injury caused by accidents arising in the course of employment. The employee does not have to prove any fault on the part of the employer and his remedy is limited to the amount specified in the law. The act is intended to provide employees an exclusive remedy. The employee cannot sue the employer for anything other than denial of benefits as long as the occurrence is covered by the Workers’ Compensation Act.

Particularly, this means that the act is compulsory and represents a compromise between the interests of the employee and those of the employer. In effect, the act limits the employer’s three common law defenses against liability: (1) assumption of the risk, (2) negligence of fellow employees, and (3) contributory negligence. However, at the same time, it establishes the maximum amount allowable for a given injury. The employee can forfeit his right to compensation by committing several acts of omissions which include intoxication, use of unauthorized drugs, or willfully intending to injure himself or others. All details of the Alabama Workers’ Compensation Law are described fully in the Code of Alabama, with supplements, beginning with Volume 15, Section 25-5-1. This statute should be referenced for specific information not contained in this manual.

The 1985 Amendment to the Workers’ Compensation Act provided limited immunity to co-employees, compensation carriers, and labor unions; these parties now can only be liable for an injury to a worker for the four categories of willful conduct defined in the act: (1) intentional acts; (2) intentional removal of a safety guard or device; (3) intoxicated employee acts; and (4) willful and intentional violation of written safety rules. A 1992 Amendment to the Workers’ Compensation Act provided employers with an ‘Employer Bill of Rights.’


B. SUMMARY OF THE LAW

1. Required Coverage

Generally, all private employers in the state must provide workers’ compensation insurance if they employ more than four persons, either full-time or part-time. The following exceptions are specified in Code of Alabama 1975, § 25-5-50(a) as amended to read as follows: This article and Article 2 of this chapter shall not be construed or held to apply to an employer of a domestic employee; an employer of a farm laborer; an employer of a person whose employment at the time of the injury is casual and not in the usual course of the trade, business, profession, or occupation of the employer; an employer who regularly employs less than five employees in any one business, other than the business of constructing or assisting on-site in the construction of new single-family, detached residential dwellings; or a municipality having a population of less than 2,000 according to the most recent federal decennial census.

Pursuant to Code of Alabama 1975, §25-14-9(6)(a), a professional employer organization shall assure to the satisfaction of the director that workers' compensation coverage is provided for all covered employees employed in this state pursuant to the laws of this state. Failure to provide the director with proof of workers' compensation coverage shall subject the professional employer organization to a civil penalty of one thousand dollars ($1,000). In the event individual coverage is obtained for each client employer, failure to provide proof of coverage for each client employer shall constitute a separate finable offense.

Any officer of a corporation or member of an LLC may elect to be exempt from coverage on a year-by-year basis. The officers/members must file certification such as election with the Department of Industrial Relations and their insurance carrier. At the end of any calendar year, the officer/member can revoke the election and obtain coverage by written certification of this intent with The Department of Industrial Relations. Furthermore, employers who are not required to be covered may also elect to be covered.


2. Insurance Options

The employer has four (4) available options to purchase workers’ compensation insurance coverage.

Voluntary Market

The local insurance agents will provide this coverage through an admitted insurance company.

Assigned Risk Plan

The local insurance agent will provide this coverage to employers who cannot obtain voluntary market coverage.

Self-Insurance Group Funds

The local insurance agents may quote coverage with the seventeen (17) Group Funds. This offers competitive workers’ compensation insurance coverage.

Self-Insured

Coverage is assumed individually by a business that meets the self-insured qualifications set forth by the Alabama Workers’ Compensation Division. Those qualifications include having a net worth of at least $5 million, having a current assets to current liabilities ration of 1.0 or better, and having a positive net income for the latest financial year.

3. Compensable Injuries and Disease

The law compensates for injuries resulting from accidents “arising out of and in the course of employment.” If these requirements are met, the employer cannot refuse payment. An occupational disease is defined as a disease “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 such trade, process, occupation or employment.” In addition, the act specifically includes occupational pneumoconiosis, a lung disease caused by prolonged inhalation of dust particles and exposure to radiation.

4. Benefits

Three kinds of benefits are available: (A) compensatory, (B) medical, and (C) death.

(A) Compensatory Benefits

Compensatory benefits compensate for lost wages due to occupational injury or disease, and are divided into the following four categories: ¹

(1) Temporary Partial

Here the employee is unable for a period of time to do his normal work, but may be able to do some lesser amount of work, such as in the case of a broken bone. The compensation is for lost wages, and is based on two-thirds of the difference in the employee’s earning capacity before and after the accident. Payment for temporary partial disability is limited to a maximum of 300 weeks.

(2) Temporary Total

For injury producing temporary total disability, the compensation equals two-thirds of the average weekly earnings received at the time of the injury for the 52 week period preceding the injury.

(3) Permanent Partial

The amount of compensation paid depends upon the extent of the injury. The statute contains an extensive list of possible injuries and their applicable compensation rates. The maximum amount of permanent partial disability payment is $220 per week.

(4) Permanent Total

This payment runs for the duration of the disability and is equal to two-thirds of the total weekly earnings at the time of the injury. Any of the compensation benefits may be paid out in a lump sum if both parties agree and the court approves it. No compensation accrues until the fourth day after disability, but if the period runs for 21 days, the first three days are added to the first payment due after the 21 days. Any payments not paid for more than 30 days and without good cause incur a 15% penalty.


(B) Medical Benefits

Medical compensation includes the cost of reasonably necessary treatment. The employer must pay the actual cost of related medical treatment, medicine, medical supplies, crutches, surgical services and supplies, artificial members and other apparatuses that may be obtained by the injured employee. However, the cost of treatment is not to exceed the prevailing rate or maximum schedule of fees as established by the Workers’ Compensation Medical Service Board. The employer will also be held liable for any rehabilitative treatment which a vocational rehabilitation specialist and a physician agree will restore the employee to gainful employment. The term “physicians” means medical doctor, surgeon, or chiropractor. If the employee is dissatisfied with the initial treating physician selected by the employer and if further treatment is required, the injured employee may request a change of physician. In such an event, the employer must supply a list of four other physicians from which to choose. If four physicians or surgeons are not available, the employer can include on the list as many as are available that are not members of the same firm or partnership. The injured employee must submit to examination by the employer’s physician at all reasonable times. Failure to comply or refusal to accept medical services offered by the employer results in forfeiture of compensation for the period of time of the refusal. The employer’s liability is unlimited and begins when the employee first submits to medical treatment.


(C) Death Benefits

If death occurs within three years of a work related accident, benefits will be payable to the dependents of the deceased employee according to the following schedule: ¹

1. The deceased employee leaves one dependent, that dependent shall receive 50% of the average weekly earnings.

2. Two or more dependents will share two-thirds of the weekly earnings.

3. The act entitles wholly dependent persons to more compensation than partial dependents and lists the order of preference as wife, child, husband, mother, father, grandmother, grandfather, sister, brother, mother-in-law or father-in-law who was wholly supported by the deceased at the time of the death.

Death benefit payments include up to $3,000 for burial expenses, and will be made only to dependents who are United States residents. The benefits continue for a period of 500 weeks or cease upon remarriage or death of the dependent, whichever occurs first. The payments will be made at the time and intervals when the earnings were payable, unless the parties agree otherwise. Concerning occupational diseases, only the employer in whose employment the employee was last exposed to the hazard is liable. If no dependents exist, a one-time $7,500 payment is made to the estate.


5. Time Limitations

The act stipulates that an injured employee must furnish the employer with written notification within five days of the occurrence of the accident; however, court action suggests that oral notice is considered sufficient. If the employee fails to report the injury within five days, he forfeits physicians and medical fees, and any compensation that may have accrued during the period between the fifth day and the giving of notice, unless he had good cause, such as physical or mental incapacity. In all cases, no compensation is payable unless written notice is given within 90 days after the accident or death.

Additionally, claims for personal injury and death benefits are barred unless the parties agree on payable compensation, or a verified complaint is filed within two years of accident, or two years from the date of the last compensation payment. In Alabama, the time of the accident means when the event occurred, not when the damage was first realized. In claims for occupational disease, the employee must file within two years of the date of the damage, which is the date of the last exposure to the hazard. If the damage is caused by exposure to radiation, the two-year limitation period runs from the time the employee knew, or should have known of the harm caused.


6. Hearing, Awards, and Appeals

An employer and employee, or his beneficiary, have a right to settle workers’ compensation claims. If the settlement is for less than the authorized amount, it must be approved by the Circuit Court with jurisdiction over the claim. If a settlement is not reached, either party may file suit in the Alabama Circuit Court in the county with jurisdiction. The act authorizes appeal to the court of Civil Appeals. Once a complaint is filed, the responding party must answer within 30 days. All issues are handled by a judge, except that either party may request a jury to try issues involving willful misconduct of the employee. If the employer defaults on a periodic payment of compensation, the employee may, after 30 days (plus five days notice), have the amount due reduced to present value to be paid in lump sum

Claims occurring on or after January 1, 1993, may be resolved by an Ombudsman in a benefit review conference if both parties concur.

Ombudsman Program: Effective for injuries occurring on or after January 1, 1993, a mediation program was established to help resolve workers’ compensation claims. A toll free telephone number is available to assist injured employees, employers or anyone needing assistance. The mediators, called ombudsmen, may conduct benefit review conferences to mediate disputes. Mediation is not mandatory, but will be encouraged. Settlements reached under this process are not required to be court approved, but may be taken by either party to the court for final approval. The Ombudsman program should reduce litigation expenses for all parties. The ombudsman number is 1-800-528-5166.

7. Termination of Employment for Filing a Claim under Workers’ Compensation is Prohibited

An amendment to the Workers’ Compensation Act of 1985 reads as follows: “No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers’ compensation benefits under this chapter or solely because the employee has filed a written notice of violation of a safety rule pursuant to subdivision (c) (4) of Section 25-5-11.” While the act specifically prohibits termination of employment, it may apply to other employment actions if a constructive discharge is found.

This amendment does not mean that an employee who files a claim is immune from suspension or firing for good cause; the Act only requires that termination cannot occur in retaliation. For an employee who feels he has been terminated for filing a claim, his remedy is to bring suit against the employer in Alabama Circuit Court.


C. COMPLIANCE BY EMPLOYERS

1. Reports of Injuries

Employers must keep a record of all injuries, fatal and otherwise, for which payment is claimed or made. Within 15 days of knowledge of an injury , an employer must furnish a report to the Department of Industrial Relations. First Report of Injury (FROI) documents are currently being filed by paper or electronically (EDI). Refer to the following link for further information regarding electronic filing and/or claims forms: http://dir.alabama.gov/wc/EDI/edipg1.aspx


2. Reporting of Settlements

Within ten days of a settlement of a claim, the employer or his insurance company must make a report in writing giving the details, to include compensation, medical and legal expenses, and submit it to the Department of Industrial Relations.
http://dir.alabama.gov/docs/forms/wc_combination%20(rev%201-16-02)-1.doc

Employer ‘Bill of Rights’: The 1992 Amendments to the Workers’ Compensation Act provided employers with an ‘Employer Bill of Rights.’ The employer bill of rights provides that insurance carriers and other payers shall, upon the employer’s written request, furnish information about claims against the employer and a notice of any proposed settlement of claims. The bill of rights further allows the employer to terminate the worker in the event the court determines the worker filed a fraudulent claim.

Fraudulent Claims: Effective April 28, 1994, any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining compensation, as defined in Code of Alabama, 1975, §25-5-1(1), as amended, for himself or herself or any other person is guilty of a Class C Felony, which could result in up to ten years’ imprisonment. The Department of Industrial Relations, Workers’ Compensation Division, has set up a Fraud Hot Line for your convenience. The number is 1-800 WCFAKED or 1-800-923-2533.


3. Supplementary Reports

Upon termination of payment for any reason, the employer must, within ten days, make a report to the Department of Industrial Relations. If the employer is more than 30 days late in make the first payment, he must within ten days making a report explaining the delay.
http://dir.alabama.gov/docs/forms/wc_combination%20(rev%201-16-02)-1.doc

The employer is under no obligation to notify an employee that a particular injury is covered under workers’ compensation. Additionally, settlements of claims are encouraged, and advance payments are not construed as an admission of liability by the employer.



D. PRACTICAL SUGGESTIONS FOR EMPLOYERS

1. The law gives employers the right to select the initial treating physician. In the event an employee reports an injury and uses a physician not designated by the company, those medical bills would be outside of workers’ compensation coverage (although they may fall within the coverage of the employer’s medical insurance). If an employee is dissatisfied with the initial treating physician selected by the employer and if further treatment is required, the employee may request a list of physicians from which to choose. Under no circumstances does the law require an employer to let employees select their own treating physician. Any physician performing services that are paid for by the employer (or through the employer’s workers’ compensation carrier) or any physician of the injured employee who treats or is present at the examination of the injured employee, may be required to testify as to any knowledge gained by that physician in the course of such treatment or examination. Upon written request of the employer, and without the consent of or notice to the employee, the physician must furnish the employer with a written statement of his professional opinion as to the extent of the injury and disability. Similarly, employees may obtain medical records.

2. An employee who reports back to work subsequent to an on-the-job injury, but who is unable to perform the full duties of his position, need not be required to return back to work by the employer, unless the employer so desires to place the employee in a position with limited duties consistent with the employee’s present ability. Additionally, the vocational rehabilitation requirements of the act require that the employer must only restore an injured employee to his “re-injury” economic status. An employer may not be required to take action that would improve the employee’s economic status in life at the expense of the company.

3. The section of the code addressing the issue of retaliation for filing of a workers’ compensation claim is limited to “termination.” As with other areas of the law, certain employer actions, if deemed to create an unreasonable working atmosphere from the standpoint of a reasonable employee, may constitute constructive discharge and subject an employer to a lawsuit for retaliation.

4. There is an exception to workers’ compensation being the exclusive remedy of an employee against his employer. The Alabama Supreme court has held that the tort of outrageous conduct and other nonphysical injuries, such as invasion of privacy, do not fall within the cloak of immunity that is prescribed by the act. Employers or their carriers may be sued for the tort of intentional infliction of emotional distress or outrageous conduct.

5. A revision to Code of Alabama, 1975, §25-5-51, provides that no compensation will 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. In addition, no compensation will be allowed if the employee refused to submit to or cooperate with a blood or urine test after the accident and after being warned in writing by the employer that such refusal would forfeit the employee’s right to recover benefits. Note: If drug testing is conducted and evaluated pursuant to standards adopted for drug testing by the U.S. Department of Transportation in 49 C.F.R., Part 40, a positive test shall be conclusive presumption of impairment resulting from the use of illegal drugs.

For further information, contact: Department of Industrial Relations
Workers’ Compensation Division
649 Monroe Street
Montgomery, Al 36131
334-242-2868
1-800-528-5166

The Alabama Workers' Compensation Act

• 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 25-5-14 Legislative findings and intent as to actions filed by injured employee against officers, etc., of same employer.
  • Section 25-5-13 Applicability of chapter.
  • Section 25-5-15 Safety committee.
  • Section 25-5-15.1 State safety program; legislative intent; creation.
  • Section 25-5-17 Severability.
• Article 2 Compensation by Civil Action.
  • Section 25-5-30 Applicability of article; article deemed extension or modification of common law.
  • Section 25-5-31 Right of action for damages for injuries or death of employee.
  • Section 25-5-32 Excluded defenses.
  • Section 25-5-33 Applicability of Sections 25-5-31 and 25-5-32 to other claims for personal injury or death.
  • Section 25-5-34 Applicability of this article and Article 3 of chapter to minors; double compensation when minor illegally employed.
  • Section 25-5-35 Recovery where accident occurs outside state; effect of compensation under law of another state, etc., upon compensation under this article and Article 3 of chapter, etc.; recovery under this article and Article 3 of chapter for accident occurring within state where employment principally localized outside state.
  • Section 25-5-36 Burden of proof as to misconduct of employee.
• Article 3 Elective Compensation Under Contract of Employment.
  • Section 25-5-50 Applicability; exemption for corporate officers; coverage for school boards, volunteer fire departments, and rescue squads.
  • 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 25-5-63 Total dependents - Maximum compensation.
  • Section 25-5-62 Total dependents - Designated; order of 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 25-5-114 Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc.
  • Section 25-5-113 Manner of compensation, etc., provided by article exclusive.
  • 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 25-5-203 Applicability of other provisions of chapter to article.
  • Section 25-5-202 Applicability of 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 25-5-313 Schedule of maximum fees.
  • Section 25-5-312 Powers and duties of the board.
  • 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.

See our Frequently Asked Questions on Workers' Compensation for more information.