Safety Rule Violations – Understanding Your Rights

Dec 21, 2020 | Employment Concerns

Safety Rule Violations!

Are your benefits getting reduced because the carrier or employer says the injury is your fault! Hold on! It’s not that simple! Read Safety Rule Violations – Understanding Your Rights

Was the work injury your fault or your employer’s? The truth is, it doesn’t matter either way…
In workers’ compensation, it doesn’t matter whether or not you or your employer is at fault for your work injury. if the work injury is your fault, and the employer says they are going to now reduce your work benefits by 50%, that is not lawful. You have the right to fight back against this and protect your work benefits, but you have to know what you’re up against.

What is a “safety rule violation”?

A safety rule violation happens when employers and carriers claim that you failed to follow a rule they have. For example, drivers who get into an accident on the job, and then there’s a claim that the injured worker wasn’t using their seatbelt and what ensues is the insurance company saying “we’re giving you half of your benefits because you weren’t using a seatbelt.” That’s a safety rule violation.

If something like that happens, you need to contact an attorney right away because it’s not as simple as what the insurance company might have said. There are five things that your employer or carrier has the burden to prove.

How can my employer/carrier prove a safety rule violation?

  • Number one, the employer has the burden to prove that they adopted the safety rule.
  • Number two, the employer has to show that they communicated to the employee thoroughly. Oftentimes, we’ll see that employers present a document of 85 pages with 320 rules that their client signed three years ago, and claim that it’s proof that they communicated it to them. But that is not enough to prove a safety rule violation.
  • Number three, the employer has to show that they enforce the rule. For example, if an employee did get hurt on the job, and they wanted to cut that worker’s benefits to 50%, the employee could claim that they got hurt because of a rule they were told to follow. However, if it was not an enforced rule, the employee’s claim would not hold up.
  • Number four, the employer has to show that the work injury was because of the safety rule violation. If you weren’t wearing your seatbelt, and your car got hit by a train, you were going to get injured anyway and the safety rule violation doesn’t apply. That means they wouldn’t be able to reduce your benefits.
  • Number five, your employer has to prove that you violated the safety rule with willful intention and that’s very hard to prove.

The bottom line is if your employer is trying to cut your benefits in half because of a safety rule violation you can take action and fight back. Kaplan Morrell Attorneys at Law can help you get through your legal processes.

We’ve got you covered when it comes to work injuries.

If you or a loved one has been injured on the job, go to the best law office near you here in Colorado for help today. Kaplan Morrell Attorneys at Law has been helping injured and disabled workers since 1995. It’s what we do. Give us a call at 970-356-9898 for a free consultation and we would love to speak with you.

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