COVID-19 Legal Update: Alabama

COVID-19 Legal Update: AlaBAMA

Workers' Compensation Administrative board/ commission

How does the state define an occupational disease?

§ 25-5-110. (1) OCCUPATIONAL DISEASE. A disease arising out of and in the course of employment, including occupational pneumoconiosis and occupational exposure to radiation as defined in subdivisions (2) and (3), respectively, of this section, which is due to hazards in excess of those ordinarily incident to employment in general and is peculiar to the occupation in which the employee is engaged but without regard to negligence or fault, if any, of the employer. A disease, including, but not limited to, loss of hearing due to noise, shall be deemed an occupational disease only if 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 the trade, process, occupation, or employment.

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

DOI Press Releases

Dept of Labor Press Release: Unemployment for COVID 19
March 16, 2020

Dept of Labor Press Release: Waiver ER charge for COVID-19 related claims
March 20, 2020

DOI Issues Bulletin Guiding Insurance Services as Essential Services and Continue Operations
March 30, 2020

DOI - FAQs About Business Interruption Insurance
April 27, 2020

DOI Issues Bulletin on COVID-19 and Contractual Deadlines within P&C Insurance Policies
April 29, 2020

DOI Issues Bulletin on Licensing During COVID-19
April 29, 2020

DOI Issues Bulletin on Licensing During COVID-19 Modifying Previous Bulletins
May 22, 2020

DOI Issues Bulletin on CMS Extension on Non-Enforcement Action
June 15, 2020

DOI Issues Bulletin on Licensing During COVID-19 Modifying Previous Bulletins
July 29, 2020

Court Closures & Modified Call

Administrative Order Re: In-Person Hearings

Is the administrative court system closed or open?

Open - but closed to the public until 4/30/20.

Does this state have a shelter-in-place in order?

No - order was 4/4/20 until 4/30/20; phased in re-opening began 4/30/20.

ANY STATE-SPECIFIC GUIDANCE ON DISABILITY, UNEMPLOYMENT, OR HEALTH BENEFITS FOR COVID-19?

Unemployment.

ADOL Encourages Employees to File For Benefits Under the CARES Act

Alabama to Begin Processing Claims under the CARES Act Provisions - 4/13/20

ADOL Launches UI Claims Tracker to Assist Unemployment Compensation Claimants - 4/16/20

ADOL Notice that Refusal of Work Can Cause Disqualification in Unemployment Compensation - 4/23/20

DOL Announces Extended Unemployment Benefits Program - 6/29/20

Last Updated: 1/19/2021

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This document compiles certain state laws and websites relevant to the COVID-19 pandemic. State guidance and other government instruction have changed frequently. We thus may update this document over time.

Please do not hesitate to contact your account manager, resolution manager, or your other preferred contact at Gallagher Bassett with any questions.

Although we have gathered information relevant to COVID-19 and its impact on workers' compensation claims and your businesses, this is not legal advice, it does not include all pertinent information, nor should it be the basis for legal, claim, benefit, safety, or human resource-related decisions. If you would like guidance on legal issues arising from COVID-19, including whether a COVID-19 related claim is compensable under a specific state’s laws, please seek advice from legal counsel with expertise in the relevant subject areas and state laws. For Gallagher Bassett clients, if you have reported a workers’ compensation claim, then your resolution manager can assist.

A Further Note on the Statutes, Definitions, Cases, and Websites Cited in this Document. State law controls if a worker is entitled or not entitled to workers’ compensation benefits. Each state can approach this question differently, and the relevant statutes, standards of proof, regulating agencies, court precedent, and other aspects of a workers’ compensation claim vary between jurisdictions. As a general principle, state workers’ compensation laws provide medical and wage loss benefits to workers who suffer bodily injury due to an accident, or bodily injury due to an occupational disease. The relevant bodily injury must arise out of and occur in the course of employment. This document primarily compiles state definitions of “occupational disease.” With respect to diseases for which the employee may be entitled to workers’ compensation benefits, the disease typically must arise from particular conditions of employment that make contracting the disease more likely than in the general population, or otherwise there must be a sufficient connection between a disease and workplace. Please consult the relevant state’s workers’ compensation act for the specific language applicable to an “occupational disease” claim.