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Home » US Law » 2020 Arkansas Code » Title 11 - Labor and Industrial Relations » Chapter 8 - Injury or Death of Employees Generally

§ 11-8-101. Definition

The word “corporation” as used in §§ 11-8-102 — 11-8-108, unless the context otherwise requires, shall include the receiver or other persons charged with the duty of the management and operation of the business of the corporation.

§ 11-8-102. Exception

Sections 11-8-101 — 11-8-108 shall not apply to railroad corporations and shall not amend nor repeal any part of §§ 23-12-501 — 23-12-507.

§ 11-8-103. Corporations liable for injury or death resulting from negligence

(a) Every corporation, except while engaged in interstate commerce, shall be liable in damages to any person suffering injury while he or she is employed by the corporation. (b) In case of death of the employee, the corporation shall be liable to his or her personal representative for the benefit of the surviving widow or […]

§ 11-8-104. Contributory negligence no bar to recovery

(a) In all actions brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 — 11-8-108 to recover damages for personal injuries to an employee, or where the injuries have resulted in his or her death, the fact that the employee may have been guilty of contributory negligence shall […]

§ 11-8-105. Assumption of risk no defense when safety statute violated

In any action brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 — 11-8-108 to recover damages for injuries to, or the death of, any of its employees, the employee shall not be held to have assumed the risks of his or her employment in any case where […]

§ 11-8-106. Contract exemptions void — Setoff for insurance contributions

(a) Any contract, rule, or device whatsoever, the purpose or intent of which shall be to enable any corporation to exempt itself from any liability created by §§ 11-8-101 — 11-8-108, shall to that extent be void. (b) However, in any action brought against any corporation under or by virtue of any of the provisions […]

§ 11-8-107. Limitation of action

No action shall be maintained under §§ 11-8-101 — 11-8-108 unless commenced within three (3) years from the date the cause of action accrued.

§ 11-8-108. Survival of cause of action

Any right of action given by §§ 11-8-101 — 11-8-108 to a person suffering injury shall survive to his or her personal representative for the benefit of the surviving spouse and children of the employee and, if none, then of the employee’s parents and, if none, then of the next of kin of the employee, […]

§ 11-8-109. Liability of companies engaged in coal mining

Every company, whether incorporated or not, engaged in the mining of coal who may employ agents, servants, or employees, those agents, servants, or employees being in the exercise of due care, shall be liable to respond in damages for injuries or death sustained by an agent, employee, or servant when resulting from the careless omission […]