Alabama Workers’ Compensation: What Is Willful Misconduct?

Alabama Workers’ Compensation: What Is Willful Misconduct?

Alabama law recognizes willful misconduct as a defense to a workers’ compensation claim, but the term has a specific legal meaning. It does not apply every time an employee makes a mistake, violates a company rule, or exercises poor judgment.

Understanding what constitutes willful misconduct—and what does not—can help you better understand your rights after a workplace injury.

What Is Willful Misconduct?

Under § 25-5-51 of the Alabama Workers’ Compensation Act, an employee generally cannot recover workers’ compensation benefits if the injury was caused by his or her own willful misconduct.

The statute also addresses situations involving:

• Intentional self-inflicted injuries;
• Willful failure or refusal to use safety appliances provided by the employer;
• “Goofing Off” or “Horseplay;” and
• Certain injuries involving intoxication or impairment from illegal drugs.

The important point is that willful misconduct is more than simply making a mistake at work.

Does Making a Mistake Constitute Willful Misconduct?

Generally, no.

People make mistakes every day in the workplace. Employees forget procedures, misjudge situations, become distracted, or make errors in judgment. Workers’ compensation exists because accidents happen—even when employees are not perfect.  With regards to a claim by the workers’ compensation adjuster that your injury was the result of willful misconduct, the question is often whether the employee intentionally engaged in prohibited conduct or deliberately disregarded a known duty.

That is a much different standard than simple negligence.

What If I Violated a Company Safety Rule?

A safety rule violation does not automatically prevent an employee from receiving workers’ compensation benefits.  Instead, courts often examine questions such as:

• Was the employee aware of the rule?
• Was the rule reasonable?
• Was it consistently enforced?
• Was the violation intentional?
• Did the alleged violation actually cause the accident?

Every case depends upon its own facts.

An employee who momentarily forgets to wear safety glasses presents a much different situation than an employee who repeatedly and intentionally refuses to use required safety equipment despite numerous warnings.

Recommended Reading: Can I Lose My Workers’ Compensation Benefits for Violating a Safety Rule?

Does a Failed Drug Test Automatically Mean I Lose My Workers’ Compensation Benefits?

No.

One of the most common misconceptions in Alabama workers’ compensation law is that a positive post-accident drug test automatically defeats a claim, but that is not what Alabama law provides.  Instead, the facts surrounding the accident must be carefully evaluated. Simply having a positive drug test does not automatically establish that the employee’s conduct legally bars recovery.

Because every case is different, these claims often require careful legal analysis.

Recommended Reading: Does a Failed Drug Test Mean I Cannot Get Workers’ Compensation Benefits?

Who Must Prove Willful Misconduct?

Employers and their insurance companies frequently investigate workplace accidents looking for evidence that an employee violated a rule or engaged in misconduct; however, simply making an allegation is not enough-and your employer bears the burden of proof in establishing any willful misconduct.

Evidence commonly considered includes:

• Witness testimony;
• Accident reports;
• Safety manuals;
• Training records;
• Drug or alcohol testing;
• Medical records; and
• Other evidence concerning how the accident occurred.

Whether those facts satisfy Alabama’s legal standard depends upon the circumstances of each individual case.

Common Situations Where Employers Raise This Defense

The willful misconduct defense is often raised after accidents involving:

• Alleged safety rule violations;
• Refusal to use personal protective equipment;
• Lockout/tagout procedures;
• Horseplay;
• Workplace fights;
• Drug or alcohol allegations; and
• Intentional misconduct in the workplace.

Simply because one of these issues exists does not mean the defense will succeed.  Each claim must be evaluated under Alabama law based upon its own facts.

To Learn More: Common Reasons Alabama Workers’ Compensation Claims Are Denied.

Recommended Reading: What Should I Do If My Alabama Workers’ Compensation Claim Is Denied?

If your employer or its insurance company has denied your workers’ compensation claim because of alleged willful misconduct, a failed drug test, or an alleged safety rule violation, you should understand your legal rights before assuming the decision is correct.

At Powell and Denny, we have spent decades helping injured workers prove the connection between their workplace accidents and the benefits to which they are entitled under Alabama law.

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.