Code of Alabama

Ala. Code § 25-5-54 (2026)

Presumptions as to Applicability and Acceptance of Provisions of Articles.

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Every employer and employee, except as otherwise specifically provided in this article, shall be presumed to have accepted and come under this article and Article 4 of this chapter and the provisions thereof relating to the payment and acceptance of compensation.

(Acts 1919, No. 245, p. 206; Code 1923, §7547; Acts 1935, No. 387, p. 831; Acts 1936, Ex. Sess., No. 29, p. 9; Acts 1939, No. 661, p. 1036, §15; Code 1940, T. 26, §273; Acts 1973, No. 1062, p. 1750, §9; Acts 1992, No. 92-537, p. 1082, §14.)

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1978–2024 · leading case: Ward v. Check Into Cash of Alabama, LLC, 981 So. 2d 434 (Ala. Civ. App. 2007).
Ward v. Check Into Cash of Alabama, LLC, 981 So. 2d 434 (Ala. Civ. App. 2007). · cites it 5× “26, § 270 (before 1973 amendment). The Act further provided that "[a]ll contracts of employment .”
Reed v. Brunson, 527 So. 2d 102 (Ala. 1988). · cites it 2× “For reasons not readily apparent, the Alabama Legislature in 1973 amended Alabama Code 1940, Title 26, § 273 (now § 25-5-54), to remove all references to "election"— leaving only a "presumption" of coverage *122 —and repealed Title 26, §§ 274, 275, and 276, relating to "opt out"…”
Phillips v. Unijax, Inc., 462 F. Supp. 942 (S.D. Ala. 1978). “Plaintiff has not repudiated her agreement to accept Workmen’s Compensation payments nor sought to restore the status quo by returning the payments she received.”
Alabama Dep't of Indus. Relations v. AHI Linden Lumber, LLC, 68 So. 3d 187 (Ala. Civ. App. 2011). “The request must be submitted within thirty (30) days from the date of this letter as provided for in Section 25-5-54(h) and implemented by Section 25-4-134 of the Code of Alabama 1975 amended.”
Derrick Crenshaw v. Sonic Drive In of Greenville, Inc. (Appeal from Butler Circuit Court: CV-23-900074)., 431 So. 3d 177 (Ala. 2024). · cites it 2× “In a special writing concurring in the result, Justice Jones disagreed with the position that the 1973 amendments had not affected the elective option, stating that "[i]t is indeed unfortunate that all members of this Court cannot agree upon an objective, indisputable fact --…”
Ala. Code § 25-5-54(h): 1 case
Alabama Dep't of Indus. Relations v. AHI Linden Lumber, LLC, 68 So. 3d 187 (Ala. Civ. App. 2011). “The request must be submitted within thirty (30) days from the date of this letter as provided for in Section 25-5-54(h) and implemented by Section 25-4-134 of the Code of Alabama 1975 amended.”
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