(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, no more than 100 percent of the average weekly wage. Notwithstanding the foregoing, the maximum compensation payable for permanent partial disability shall be no more than the lesser of two hundred twenty dollars ($220) per week or 100 percent of the average weekly wage.
(b) For the purpose of this section, the average weekly wage of the state shall be determined by the secretary as follows: On or before June 1 of each year, the total wages reported on contribution reports to the unemployment compensation division of the department for the preceding calendar year shall be divided by the average monthly number of insured workers, which shall be determined by dividing the sum of the number of insured workers reported for each month of the preceding year by 12. The average annual wage thus obtained shall be divided by 52, and the average weekly wage thus determined rounded to the nearest cent. The average weekly wage as so determined shall be applicable for the 12-month period beginning July 1 following the June 1 determination. If the determination shall not be made on or before June 1, the effective date of the average weekly wage when determined shall be the first day of the month next following 30 days after the determination is made.
(c) The maximum and minimum weekly benefit shall not be changed on any July 1 or as a result of any annual determination, unless the computation provided for in subsection (b) results in an increase or decrease of two dollars ($2) or more in the amount of either the maximum or minimum benefit.
(d) In no event, except as provided for permanent total disability in subdivision (a)(4) of Section 25-5-57 or except for compensation benefits payable for permanent partial and temporary total disability in connection with a disability scheduled in subdivisions (1) and (3) of subsection (a) of Section 25-5-57 or except as provided in subsection (f), shall the total amount of compensation payable for an accident or an occupational disease exceed the product of 500 times the maximum weekly benefit applicable on the date of the accident.
(e) The minimum and maximum benefits that are in effect on the date of the accident which results in injury or death shall be applicable for the full period during which compensation is payable.
(f) Notwithstanding any other provision of this article, the compensation benefits payable to a surviving dependent child of a law enforcement officer or firefighter who dies on or after January 1, 2018, as a result of injuries received while engaged in the performance of his or her duties shall not discontinue at least until the dependent child reaches the age of 18 years.
Structure Code of Alabama
Title 25 - Industrial Relations and Labor.
Chapter 5 - Workers' Compensation.
Article 3 - Elective Compensation Under Contract of Employment.
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 25-5-54 - Presumptions as to Applicability and Acceptance of Provisions of Articles.
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 25-5-67 - Burial Expenses.
Section 25-5-68 - Maximum and Minimum Weekly Compensation.
Section 25-5-76 - Liability of Joint Employers.
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 25-5-87 - Preference of Right to Compensation, Etc.
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.