Tag Archives: Employee at fault

My Injury Was My Fault. Does This Mean I Can't Collect Workers' Comp'?

If you were not following your employer's safety rules, you can still collect workers' comp', but staying safe is always your best bet.

Workers’ Comp is “No Fault” (even if it is the worker’s fault).

Workers may be reluctant to file a workers’ comp claim is they feel the injury is due to their own fault. Sometimes they feel that the injury was due to their own violation of a safety rule. In some states, this could bar a workers’ comp, recovery—but not in Wisconsin. An injury caused by the employee’s failure to use a safety device or adhere to a safety rule results in a 15% decrease in workers’ comp benefits, to a cap of $15,000, but the worker can still claim benefits. A worker earning $600/week, with a $400/week disability rate would only lose $60/week.

A worker’s failure to use a safety device causing injury will not reduce benefits if the device isn’t adequately maintained or easily accessible, nor will a worker’s rule violation reduce benefits if the safety rule is unreasonable or not reasonably enforced.

Employers and insurers sometimes deny claims that involve a worker’s intoxication or use of non-prescription drugs. This is inappropriate. However, the benefits can be reduced by 15% if the injury is due to intoxication or drug use.

Employee Penalized For Not Following Safety Rules

In this guest post our colleague Jon L. Gelman of New Jersey highlights a worrisome recent ruling. In the state of Missouri, if an employee does not follow their employers’ safety rules and is injured, their award may be significantly reduced. He points out that this logic works in opposition of what the workers’ compensation act was originally supposed to do, which is to protect workers. With that as its goal, “It would be far more logical to… prevent the unsafe work in the first place.”

An employee’s workers’ compensation award maybe be reduced for failing to follow an employer’s safety rules.

An employee’s workers’ compensation award maybe be reduced for failing to follow an employer’s safety rules. A Missouri Court ruled that reducing an injured employee’s award by 25% to 50% for failing to follow an employer’s safety rules was not unconstitutional. Continue reading