What are the Employer’s Defenses

The Alabama Workers Compensation Act, while removing two potentially devastating 

defenses (contributory negligence and assumption of the risk, based on the previous “at fault” 

laws that protected employers) does provide some specific affirmative defenses to the modern 

employer.  One of those affirmative defenses is called “willful misconduct”.  Specifically, an 

employer (when the misconduct is pleaded and proved) can defend against compensation 

liability where the employee consciously or intentionally violated a law or a prescribed rule of 

conduct.  “Willful” here basically means intentionally committing the act knowing that it is 

likely to result in serious injury.   A good example would be a miner who violated a known 

company traffic rule, driving through a main haulage-way, without first stopping to check for 

clearance, resulting in an accidental injury to himself.  In essence, by deliberately ignoring the 

rule, he caused his own injury.  If a rule promotes the safety of the worker or other workers, you 

can bet that the court will find the rule to be a reasonable one and a willful violation will 

probably forfeit compensation.

The lesson to be learned:  If there is a reasonable safety rule and the employee knows about it, 

he/she should follow the rule.  Wear the safety glasses, put on the steel-toed boots, pay attention 

to the traffic signs and you’ll have coverage if you’re hurt.