Prior to the enactment of the WSIA, a worker could succeed in a lawsuit against their employer by proving the injury was partly caused by the employee's carelessness. What common law defence is this?

• A. Voluntary assumption of risk
• B. Fellow-worker rule
• C. Contributory negligence
• D. Self-defence

Answer: (C)

Contributory negligence is a fault-based defense where the plaintiff’s own careless conduct contributed to the harm, so the claim for damages can be reduced in proportion to that fault or barred altogether if the fault is significant. Before the WSIA, workers could sue their employer for damages, but if the injury was partly caused by the worker’s own carelessness, contributory negligence could limit or negate liability. The other options don’t fit this scenario: voluntary assumption of risk requires the worker to knowingly accept the risk, the fellow-worker rule concerns injuries caused by another employee rather than the worker’s own conduct, and self-defence is about protecting oneself from imminent harm and isn’t a general defense to employer liability in a workplace injury context.