What Happens If You Break the Rules at Work and Get Hurt?

Free Case Review
100% Secure & Confidential

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 youโ€™re injured at work because you didnโ€™t follow your companyโ€™s 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 youโ€™re 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

Letโ€™s 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.

Letโ€™s play this out. What if a window washer didnโ€™t 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 donโ€™t hook in? If thereโ€™s evidence that a safety rule isnโ€™t regularly enforced, then the employee can still win the case.

Letโ€™s take a look at another scenario. What if a construction worker doesnโ€™t wear his company-issued hard hat? His hard hat is part of his personal protective equipment. Thereโ€™s 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 companyโ€™s safety rules and he signs a statement agreeing that he has read and understood the companyโ€™s safety procedures. If the worker suffers a head injury because he wasnโ€™t wearing his hard hat, he probably isnโ€™t 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 doesnโ€™t have anything to do with the manager not wearing his hard hat. Even though the manager broke the rule, heโ€™d still be able to get workersโ€™ comp benefits.

What should an employee with a work-related injury do?

If youโ€™ve 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 isnโ€™t related to your injury, or if the employerโ€™s safety rule isnโ€™t enforced, you may still be entitled to receive workersโ€™ compensation benefits. But the workersโ€™ compensation carrier may try to deny your claim anyway. Thatโ€™s why itโ€™s so important to seek legal advice.

To discuss your injury claim, reach out to the workersโ€™ compensation lawyers at Hunter & Everage today.

Schedule Your Free Case Review

We know how hard it is to ask for help, especially when you truly need it. Weโ€™re respectful of that and demonstrate it through our honesty, integrity, and dedication to your case. Complete this form below to get in touch with us, and weโ€™ll respond promptly. Give us the opportunity to learn what happened and to earn your trust.

"*" indicates required fields

new HEV Logo

704-377-9157

Call or fill out the form below. Our attorneys are Available 24/7.

"*" indicates required fields