Workersโ compensation is designed to protect employees who suffer a workplace injury or illness. Generally, workersโ compensation is a no-fault system. That means employees are entitled to workersโ comp benefits, regardless of who was at fault for an injury or illness.
But what happens if youโre injured at work because you didnโt follow your companyโs safety rules? Can you still file for workersโ compensation benefits?
As with many legal questions, the answer is that it depends. You may need to consult with a lawyer to understand how the law will apply in your situation.
Clear-cut cases where employees break safety rules
If an employee breaks an enforced safety rule and it causes an accident, then the employee cannot receive any workersโ compensation benefits.
One clear-cut situation involves drugs and alcohol. Employees who are under the influence of drugs or alcohol may have impaired judgment and increase the risk of injury. If youโre tipsy or abusing drugs and are injured, your workersโ comp claim will be denied.
Similarly, if an employee intentionally engages in conduct that puts them at risk of injury, their claim for workersโ compensation benefits may be denied. For example, if an employee deliberately ignores safety protocols or performs an activity recklessly and is injured as a result, their claim for workersโ compensation benefits may be denied.
Not all situations are so clear-cut.
Gray areas where a workersโ compensation claim may survive
Letโs say, for example, that a company requires its employees to wear steel-toed work boots for safety. If the employee comes to work wearing his crocs instead, and he breaks his foot on the job site, he is probably out of luck. He chose to violate a well-known and enforced safety rule.
But there are some circumstances where breaking this rule may not bar the employee from recovering benefits. If an employer cannot show that it has enforced the broken rule or that violating the rule caused the accident that led to the injury, the employee should still be entitled to benefits.
Letโs play this out. What if a window washer didnโt hook into his safety rope and fell, injuring himself? The company could say that it has a requirement that employees hook in when they are washing windows. But what if employees regularly donโt hook in? If thereโs evidence that a safety rule isnโt regularly enforced, then the employee can still win the case.
Letโs take a look at another scenario. What if a construction worker doesnโt wear his company-issued hard hat? His hard hat is part of his personal protective equipment. Thereโs a company policy saying he has to wear that hard hat. There are signs on the construction site where the manager works warning about dangers. Every week, his manager reminds him of the need to follow the companyโs safety rules and he signs a statement agreeing that he has read and understood the companyโs safety procedures. If the worker suffers a head injury because he wasnโt wearing his hard hat, he probably isnโt going to be entitled to benefits.
But what if he was injured because he stepped on a rusty nail and it went through his steel-toed work boots? Then, the injury doesnโt have anything to do with the manager not wearing his hard hat. Even though the manager broke the rule, heโd still be able to get workersโ comp benefits.
What should an employee with a work-related injury do?
If youโve been injured on the job, you need to report it immediately to your employer and file a workersโ compensation claim. Even if you broke a safety rule, if the rule isnโt related to your injury, or if the employerโs safety rule isnโt enforced, you may still be entitled to receive workersโ compensation benefits. But the workersโ compensation carrier may try to deny your claim anyway. Thatโs why itโs so important to seek legal advice.
To discuss your injury claim, reach out to the workersโ compensation lawyers at Hunter & Everage today.