Asked by keith sanders on Jul 09, 2024

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A defense available to the employer in an action for workers' compensation is that:

A) the employee assumed the risk.
B) the employee's injury happened before he came to work.
C) the employee was contributorily negligent.
D) a co-worker caused the injury.

Workers' Compensation

A form of insurance providing wage replacement and medical benefits to employees injured during employment in exchange for the employee's right to sue their employer.

Contributory Negligent

The legal principle where a party can be found to have contributed to their own harm and, therefore, may have their compensation reduced or denied in a negligence claim.

  • Recognize the concepts and applications of workers' compensation, including defenses available to employers.
verifed

Verified Answer

AS
agnes silkyJul 15, 2024
Final Answer :
B
Explanation :
The correct defense is that the employee's injury happened before he came to work. Workers' compensation is designed to cover injuries that occur in the course and scope of employment. If the injury occurred before the employee came to work, it would not be covered under workers' compensation. Assumption of risk, contributory negligence, and injuries caused by co-workers are generally not defenses in workers' compensation cases, as the system is designed to provide no-fault coverage for work-related injuries.