Employer’s Defenses to a Workers’ Compensation Claim in Tennessee: Willful Misconduct
An employee’s willful misconduct is a legal defense that, if proven, operates to cut off the employer’s liability in a Tennessee workers’ compensation case.
In pertinent part, the law on willful misconduct reads:
“No compensation shall be allowed for an injury or death due to the employee’s willful misconduct or intentional self-inflicted injury…If the employer defends on the ground that the injury arose in any or all of the ways stated [above], the burden of proof shall be on the employer to establish such defense.”
The three elements the defendant employer must prove to establish willful misconduct for purposes of the statute are:
(1) intention to do the act,
(2) purposeful violation of orders, and
(3) an element of perverseness.
The recent Tennessee case, Civil Constructors, Inc., v. Haynes, illustrates how the law can operate to bar a Tennessee workers’ compensation claim. On June 16, 2006, Mr. Haynes, a dump truck driver, attempted to empty a load of dirt from a berm created for that purpose. As he was backing up onto the berm, his truck became unsteady and overturned. He sustained severe injuries to his shoulder, sternum, ribs and back.
Ordinarily, these would be the type of injuries covered under Tennessee’s workers’ compensation laws. However, the employer successfully argued that employee’s injuries were a direct result of his own willful misconduct.
First, Mr. Haynes had damaged a dump truck a few months earlier by attempting the same feat. Second, two supervisors testified that they had told him not to dump dirt from that specific berm. Third, a co-employee testified that he warned him not to do it. Consequently, the trial court found that all three elements of willful misconduct had been established.
The facts of Haynes demonstrate that the Tennessee workers’ compensation system is not a strict no-fault system. As such, injured employees must often overcome a variety of defenses put forth by an employer or insurance carrier unwilling to compensate them for their on-the-job injuries.
If faced with an employer or compensation carrier unwilling to compensate you for your claims, you will want skillful and experienced representation. The skilled Knoxville workers’ compensation attorneys at Baker Associates can help. Call 866-853-2888 for a free consultation.
