Question

1. Prior to the enactment of workers’ compensation laws, injured employees could choose not to pursue compensation, or they could file a lawsuit. List and briefly define the three common-law defenses that employers could mount to earn liability. DO NOT PLAGIARIZE, ORIGINAL ANSWER ONLY

Answer 1

Every country and the state has a workmen compensation act to facilitate the wages system in the companies. The workers might often face losses or unfair disadvantages while working in the firm or the enterprise. It also helps to maintain the employee-employee relationships in the company. The workmen compensation acts brought codified rules and exceptions to the rule. However, before the codified rules, the employees used certain exceptions to protect themselves from paying the employees' money. The defenses that the employees used are:

1. Intoxication or unsound mind: It is the most common defense that the employees use because the employers do not have to pay to the injured or intoxicated employees. It is the loophole that the managers use. The managers tend to prove the insanity of the workers in one way or the other. The employees tend to gather sufficient shreds of evidence like medical reports, and drug tests to prove that the employee or the worker is not suitable for the job, and hence, he does not deserve any compensation.

2. Self-inflicted injuries: The workers often argue based on the accidental injuries in the workplace. The workers state that they got hurt at the workplace, and they should get the compensation. Nevertheless, the employers tend to prove that the employee has hurt himself to gain undue profits. It is an unethical issue in the company.

3. Reckless behavior: The employer can also defend the misconduct and irresponsible behavior of the employees. The employer proves the worker himself caused losses due to negligence.