Question

Prior to the enactment of workers’ compensation statutes, what defenses would employers use in order to avoid paying for employee injuries?

Answer 1

Worker compensation was one of the best policies introduced and adopted throughout the United States. The Worker Compensation Statues were introduced in the 19th century in the United States. Prior to the introduction of the Worker Compensation statutes, the employers were using many defenses in order to avoid paying for employee injuries, those defenses are discussed in the below points:

a. Assumption of Risk: In this situation, the employee knew or should have known that certain activities or workplaces have certain risks involved and the duty of care by the employer is lifted off in this situation. When there was no duty of care, they would not have any negligence by the employer. It is the duty of the employee to understand the hazardous activities involved with some jobs and the workplace and risk of injury. When the employer proved this situation in any case of injury, he was exempted from paying for the damages and injury.

b. Contributory Negligence: This was an absolute defense used by the employer in order to avoid paying for employee injury. In this defense, it was assumed that the employee was responsible for the injury due to his own negligence at the workplace. As he was not using the recovery and safety precautions provided by the employer at the workplace.

c. Fellow Servant Rule: In this defense, the employer used to prove that the injury and accident were happened due to the negligence of the fellow employee at the workplace, so the employer was not responsible to pay for the injury that happened to the employee. If employer was able to prove it, the negligence was not ruled against the employer and he could saved from the paying of the compensation for the injury to the employee.