The "Safety Guard" Exception: Overcoming Employer Immunity for Intentional Workplace Hazards

Workers injured on the job in Alabama generally rely on workers’ compensation as their exclusive remedy. However, state law provides an exception when intentional misconduct causes an injury. 

For Birmingham industrial workers, the willful conduct exception may provide additional compensation when someone deliberately removes or disables safety equipment. Spellen Law, an Alabama workplace injury lawyer working across Jefferson County, can help you to assess your options and navigate the process.

Understanding Alabama Workers' Compensation Immunity and the Willful Conduct Exception

Under Alabama law, workers’ compensation generally covers medical expenses and a portion of lost wages, but excludes damages for pain and suffering. Employers and co-employees are typically protected from civil lawsuits for ordinary negligence under Alabama workers’ compensation immunity. 

However, Alabama Code § 25-5-11 allows certain civil claims when injuries result from another employee’s willful conduct. A successful claim may provide additional compensation for pain, emotional distress, and permanent impairment.

The "Safety Guard" Exception: Alabama Code § 25-5-11(c)(2)

Alabama Code § 25-5-11(c)(2) addresses the removal or failure to install safety guards on machinery. These acts constitute evidence of willful conduct under certain circumstances. 

Examples include:

• Removing protective shields

• Disabling interlock switches

• Removing emergency shut-off switches

• Bypassing light curtains

• Deliberately defeating safety mechanisms to increase production

However, not every missing guard establishes liability. An investigation must establish the statutory requirements, as well as the responsible party’s knowledge and intent.

How Spellen Law Uncovers Machine Guard Violations

Proving a machine guard removal injury claim requires compelling evidence. Spellen Law can assist by:

• Preserving evidence: Inspecting machinery, maintenance logs, and manufacturer manuals. 

• Interviewing witnesses: Gathering accounts from co-workers and technicians about instructions to remove or bypass safety devices. 

• Consulting experts: Working with industrial safety specialists and forensic engineers to determine how the missing guard contributed to the injury. 

FAQs

Can I sue my employer for a machine injury in Alabama?

Employers generally retain immunity. However, you may sue a supervisor or co-employee whose qualifying willful conduct caused your injury under Alabama Code § 25-5-11.

What qualifies as a "safety guard"?

Examples include manufacturer-provided protective shields, interlock switches, emergency stop buttons, and light curtains.

Can I claim workers’ compensation and civil damages?

Yes. Both claims may proceed, although statutory subrogation rules may affect the compensation recovered. 

How do I prove intentional safety violations?

Internal communications, maintenance records, witness testimony, and expert evaluations can help establish whether and why the safety device was altered. 

What is the deadline for filing a claim?

Alabama generally imposes a two-year limitation period for personal injury lawsuits. Exceptions may apply, so seek legal advice promptly. 

Contact Spellen Law Today

A missing safety guard can have life-changing consequences for workers, and you shouldn’t have to bear the financial and physical burden alone. 

If you or a loved one suffered a catastrophic workplace injury in Birmingham caused by modified or missing machinery safety guards, contact Spellen Law at 205-820-9474 to schedule a consultation. You will be put in contact with an experienced Alabama workplace injury lawyer who knows how to hold responsible parties accountable.