Alabama § 25-5-32 Excluded Defenses

Alabama Statutes

§ 25-5-32 — Excluded Defenses

Alabama § 25-5-32

Title 25Industrial Relations and Labor

Ch. 5Workers’ Compensation

Art. 2Compensation by Civil Action

This text of Alabama § 25-5-32 (Excluded Defenses) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 25-5-32 (2026).

Text

In all cases brought under this article, it shall not be a defense:

(1)That the employee was negligent, unless and except it shall also appear that such negligence was wilful or that such employee was guilty of wilful misconduct as defined in Section 25-5-51.

(2)That the injury was caused by the negligence of a fellow employee.

(3)That the employee had assumed the risks inherent in or incidental to the work, or arising out of his employment, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished.

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In all cases brought under this article, it shall not be a defense:
(1) That the employee was negligent, unless and except it shall also appear that such negligence was wilful or that such employee was guilty of wilful misconduct as defined in Section 25-5-51.
(2) That the injury was caused by the negligence of a fellow employee.
(3) That the employee had assumed the risks inherent in or incidental to the work, or arising out of his employment, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished.