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.