« 上一頁繼續 »
OUTLINE OF THE SECTIONS UNDER WHICH THE WORKMEN'S COMPENSATION STATUTES OF THE STATES ARE CLASSIFIED.
I. Scope and Application.
V. Waiting Period.
X. Owners and Contractors, With Relations and
(Alabama General Laws, Regular Session 1919-Effective January 1, 1920.)
I. SCOPE AND APPLICATION.
1. THE WORKMEN'S COMPENSATION ACT CONSISTS OF PART
1 AND PART 2:
Part 1. When injury or death is caused to employee of em
ployer electing to come under Part 2 by accident arising out of and in course of employment as a result of negligence as proximate cause, he, or if death results, his personal representatives, shall receive compensation by way of damages provided injury was not caused by willful misconduct of employee, and employer is denied the three common-law defenses of (1) contributory negligence, (2) fellow servant, (3) assumed risk, unless the employee elects not to be subject to Part 2, when and in that event, the employee shall proceed as at common law and employer then may plead said three common-law defenses. And further, in such case of rejection of Part 2 by employee, he shall have no right of action under Sections 3912, 2485, 2486, 3910, 2484 or 1907 Code, or any other statutory right. Part 1 applies to death claims covered by Sections 3912, 2485 and 2486, and to personal in
juries under Sections 3910 and 2484 of Code of 1907. Part 2. The act excepts from its provisions and does not
apply to (1) common carriers where engaged in interstate commerce (while engaged in interstate business), (2) farm laborers, (3) domestic servants, (4) casual employment, (5) an employer of less than sixteen persons, (6) counties, (7) cities, (8) towns and villages, (9) school districts. An employer named in either (5), (6), (7), (8) or (9) may accept act by election by filing written notice with Probate Judge.
Employer and employee may by mutual agreement accept provisions of Part 2 and all contracts made after act takes effect January 1st, 1920, and are presumed to have accepted provisions of act unless otherwise expressly stated in contract or written or printed notice posted to the contrary,
When under act, both parties surrender all rights and remedies given by statute or otherwise.
Either party may terminate and come from under provisions by thirty days notice. Minors are included and unless court in its discretion exercises otherwise.
1. FOR INJURIES RESULTING IN DEATH, WHERE DECEASED
(a) Dependent widow or dependent husband and no depend
ent child, 30 per cent of average weekly earnings, payable
to the widow; 25 per cent to the husband. (b) Dependent widow or husband and one dependent child,
there shall be paid to widow for benefit of herself and
child, 40 per cent of average weekly earnings. (C) A dependent widow or dependent husband and either
two or three dependent children, 50 per cent of the
average weekly earnings payable to the widow. (d) A dependent widow or dependent husband and four or
more dependent children, 60 per cent of average weekly
wages of deceased payable to the widow. (e) In case of remarriage of a widow of an employee who
left dependent children, the unpaid balance of compensation which otherwise would have been payable to widow,
shall be paid to dependent children. (1) Where deceased left a dependent orphan, 30 per cent
(with an additional 10 per cent to each additional orphan up to a maximum of 60 per cent) of the average weekly
earnings of the deceased. (9) Where deceased leaves no widow, child or husband, but
leaves a parent or parents, either or both of whom are wholly dependent on deceased, 25 per cent if one parent,
35 per cent if both, of the average weekly earnings. (h) If no dependent widow, child, husband or parent, but a
grandparent, brother, sister, mother-in-law or father-inlaw wholly dependent upon deceased for support, if but one, 25 per cent, or if more, said 25 per cent to be
equally divided between them share and share alike. (i) Compensation shall cease upon death or marriage of de
pendents [except as stated in (e) above] and when dependent children arrive at age of eighteen years, except in
succeeding paragraph stated. (j) Compensation payable to orphans or children only those
under eighteen years or those over eighteen years when physically and mentally incapacitated are included and all
such compensation is limited to not over 300 weeks. (k) Partial dependents entitled to receive such portion of
amounts provided for actual dependents as amount of earnings regularly contributed by deceased at and reasonable time prior to injury bore to total income of depend
ent during same time. (1) In addition to above and in all cases where death results,
employer shall pay medical and hospital expenses enumer