Fish Nelson & Holden LLCOctober 24, 2017
Thereafter, the employer purchased a new saw (DeWalt brand), but because they were in their busy season, the employer had not yet installed the new saw for use. The question at issue before the Supreme Court was whether the presence of another saw on the premises, that had not yet been installed and was not from the same manufacturer, constituted the removal of a safety device under Ala. Code 25-5-11(c)(2).The Court found that there was no evidence indicating that the co-employees failed to install a guard provided by the manufacturer or that they failed to maintain or repair the guard provided. Although an additional safety guard was installed on the original saw, that guard was not an “alternative safety device” because the original guard was not by-passed.
As a seasoned legal expert specializing in employment law and workplace safety, my in-depth knowledge stems from years of practice and a keen interest in staying abreast of legal developments. I have a proven track record of analyzing and interpreting court decisions to provide comprehensive insights into complex legal issues, making me well-equipped to discuss the concepts highlighted in the article titled "Alabama Supreme Court Further Defines 'Willful Conduct' With Regard to Co-Employee Liability."
In the mentioned article, the Alabama Supreme Court grapples with the interpretation of "willful conduct" in the context of co-employee liability, specifically in relation to workplace safety. The case involves the purchase of a new saw (DeWalt brand) by the employer during a busy season. However, the new saw had not yet been installed for use. The crux of the matter revolves around whether the presence of another saw on the premises, not yet installed and from a different manufacturer, constitutes the removal of a safety device under Ala. Code 25-5-11(c)(2).
The pertinent legal provision, Ala. Code 25-5-11(c)(2), appears to focus on the removal of safety devices and raises questions about the responsibility of co-employees in maintaining and installing such safeguards. The court's decision hinges on the absence of evidence indicating that the co-employees failed to install a guard provided by the manufacturer or neglected to maintain or repair the provided guard.
The article touches upon the concept of an "alternative safety device," emphasizing that, despite an additional safety guard being installed on the original saw, it does not qualify as an alternative safety device since the original guard was not bypassed. This distinction is crucial in determining whether there was a violation of the aforementioned statutory provision.
In essence, the Alabama Supreme Court's decision provides clarity on the definition of "willful conduct" concerning co-employee liability in the realm of workplace safety. The court's scrutiny of the specific circ*mstances surrounding the installation and maintenance of safety devices contributes to the broader understanding of legal standards and obligations in similar scenarios.
This case underscores the importance of a nuanced interpretation of statutes and the presentation of concrete evidence in legal proceedings related to workplace safety. It also highlights the significance of differentiating between safety devices and alternative safety measures, adding depth to the ongoing discourse on employer and co-employee responsibilities in maintaining a safe working environment.
FAQs
Alabama Code Section 25-5-11(d) states that an employer or insurance carrier may bring a civil action directly against the alleged third party tortfeasor but only if the injured party (claimant) fails to file a civil action within the time allowed by law.
Are employers liable for injuries to employees even if the employees are at fault? ›
Employers are liable for injuries to employees even if the employees are at fault. The employee's entitlement to workers' compensation depends on whether the injury was in the scope of employment. There is no time limit for payments due to temporarily debilitating injuries, so payments will always continue.
Who is exempt from workers comp in Alabama? ›
Alabama state law counts part-time workers, corporate officers and members of an LLC as employees. Some employees who don't need workers' comp coverage include: Domestic employees working in private homes. Farm workers.
What is the waiting period for workers compensation in Alabama? ›
Code of Alabama, 1975 §25-5-59 (b) - After the 3-day waiting period, the indemnity period or disability period starts on the 4th day you are out of work. Payment of compensation benefits should be paid within 30 days after it becomes due unless there is a sufficient reason it has not been paid.
What is the ALA Code 25 5 86? ›
Code §25-5-86), which means that workers comp benefits cannot be seized to pay your debt in a Bankruptcy filing.
What is Section 25 5 77 in Alabama? ›
A physician whose services are furnished or paid for by the employer, or a physician of the injured employee who treats or makes or is present at any examination of an injured employee may be required to testify as to any knowledge obtained by him or her in the course of the treatment or examination as the treatment or ...
In what situations would an employer be liable for the actions of an employee? ›
Under a legal doctrine sometimes referred to as "respondeat superior" (Latin for "Let the superior answer"), an employer is legally responsible for the actions of its employees. However, this rule applies only if the employee is acting within the course and scope of employment.
Why are employers liable for employee actions? ›
Respondeat superior is a type of vicarious liability, meaning "let the master answer." Employers are responsible for their employees' acts because employers direct their workers' actions.
Is the employer liable to third parties for injuries caused by negligence of employees? ›
In most cases, employers, not employees, are liable for negligence under “vicarious liability” laws. Corporate law states that owners and managers are responsible for the mistakes made by the wrongful acts or omissions of another individual, including those they hire.
Which of the following types of employees may not be covered by workers compensation? ›
You may belong to a group that is not covered by workers' compensation. These include business owners, volunteers, independent contractors, and federal employees (who can apply to other federal programs for compensation).
Independent contractors like gig workers. Workers who receive food and shelter as compensation as opposed to pay. Domestic workers who are related to their employers. Volunteer workers, including nonprofit volunteers.
How long do you have to report an injury in Alabama? ›
(The law requires that notice be given within five days, but in any case notice must be given within ninety days following the accident. Actual knowledge has been held to be equivalent to statutory notice.)
What is the code 25 5 57 in Alabama? ›
If an employee receives a permanent injury as specified in this section after having sustained another permanent injury in the same employment, and if the previous and subsequent injuries result in permanent total disability, compensation shall be payable for permanent total disability only.
How long does it take to settle a workers comp case in Alabama? ›
You can receive a workers' comp settlement offer at any time throughout a case. However, most cases are settled within 6 months and are almost always paid out after the injured worker has reached maximum medical improvement (MMI) – the point where a doctor has determined the injured worker has recovered.
What is the ALA Code 25 5 60? ›
DEATH §25-5-60:
maximum and minimum in effect at time of injury resulting in death. Precedence of dependents is listed in §25-5-62 and the amount/percentage is determined by the Court. Death benefits are payable for 500 weeks, subject to limitations such as remarriage of the widow, etc., as defined in §25-5-66.
What is Section 5 of the Alabama constitution? ›
I, § 5. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizure or searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation.
How does the stand your ground law work in Alabama? ›
[Read Stand Your Ground Instruction if appropriate] - The defendant does not have a duty to retreat and has the right to stand his/her ground so long as he/she is justified in using deadly physical force and is not engaged in an illegal activity and is in a place where he/she has a right to be located.
What is Alabama Code 25 5 51? ›
No compensation shall be allowed if the employee refuses to submit to or cooperate with a blood or urine test as set forth above after the accident after being warned in writing by the employer that such refusal would forfeit the employee's right to recover benefits under this chapter.
What is unlawful possession with intent to distribute in Alabama? ›
Intent to distribute in Alabama ups the range of penalties from simple possession (class C felony) to a class B felony. In Alabama, intent to distribute a controlled substance is charged typically by way of arrest on warrant and, sometimes, by way of indictment from a grand jury.
