West Palm Beach Violation of Specific Safety Rules Lawyers

An employee that violates a company specific safety rule is still entitled to workers’ compensation benefits. However, an employer/carrier may be able to reduce compensation benefits by 25 percent if the e/c can show that the employee refused to comply with the safety rule or failed to use a safety apparatus. There must be a causal connection between the injury and the failure to use the safety equipment. Also, the employer must follow and enforce its own safety rules. Otherwise, there
will be no reduction in compensation benefits. This can be a complex area of the workers’ compensation law and we recommend contacting an experienced work comp lawyer that has experience dealing with these safety rule matters.

An employer that violates safety rules, such as those implemented by the Occupational Safety and Health Administration (OSHA), allows for the possibility that the injured worker can pursue not only a work comp claim but also a potential personal injury claim. The employer may be subject to fines. Also, the employer’s protection of workers’ compensation immunity may be eliminated and the injured worker may be able to pursue a claim outside of workers’ compensation to include damages such as pain and suffering in a personal injury cause of action. If an employer knew that an injury was virtually certain to occur, this also allows for the injured worker to make a workers’ compensation claimant and a personal injury lawsuit. The workers’ comp lawyers in West Palm Beach, FL at Vassallo, Bilotta and Davis are experienced in pursuing and defending safety violations.