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Employee's Failure to Obey Safety Rules as Statutory Defense
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When an employee claims workers' compensation benefits are due to him based on an injury that occurred on the job, many states allow an employer to defend itself by presenting evidence that the employee wilfully disobeyed the employer's prescribed safety rules or purposefully neglected to use a safety device. Although in rare cases the defense represents a complete bar to the employee's recovery of benefits, usually the employee's recovery is just subject to a reduction.
The success of the defense requires the employer to prove that the employee had actual notice of the safety rule and comprehended the ramifications from his disobedience of the same. Constructive notice, such as posting warning signs and safety notices, is inadequate to carry the defense. In such a case, the employer would have to prove that the employee had read the safety material and then proceeded to violate the safety provision contained therein. Further, the safety warning, rule, provision, etc. must be unambiguous in its content and it must be clear that the rule is an order for prescribed conduct as opposed to a mere advisory or cautionary warning.
In addition to the above, the employer must show that the employee had no valid excuse for his failure to either obey the rule or use the safety device. An employee's rational explanation for his violation of the rule, even if improvident or reckless, will defeat the defense. Finally, there must be a clear connection between the employee's injury and his failure to obey the safety rule or use the safety device. Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.
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