Compensation benefits can be reduced by 50% if an employee’s injury is caused by a willful failure to use a safety device or follow a reasonable safety rule established by the employer. The reduction in benefits can be catastrophic for the injured worker, temporary disability benefits are already reduced to 2/3rds of the average weekly wage. Obviously, follow the safety precautions put in place to avoid injury. However, accidents happen and if the employer claims you violated a safety rule, it is important to thoroughly scrutinize the allegation.
The rule must be actually “adopted” by the employer. In practice, and in court, typically this means the rule is in writing, is clearly communicated to the employees, and is regularly enforced when broken even in the absence of an injury. Safety rule violations, and the resulting reduction in benefits, are often overcome when the rule is only enforced following an injury (i.e., employees generally do not follow a rule, even if written and communicated, but are never disciplined. Injured worker is hurt while violating the rule and employer selectively seeks to reduce benefits).
Each scenario is highly dependent on the specific facts and circumstances. Do not roll over and accept the penalty if you don’t think it is legitimate. We’ve had consistent success overcoming safety rule violations. Having a skilled and experienced attorney on your side can make all the difference. Call us today at 970-506-3892 or send me an email for a free evaluation of your case, and let us help protect your benefits.