Can an employee be denied a workers’ compensation claim if they are not following safety procedures established by their employer?
Many companies are making claim decisions without closely following all the state-specific guidelines. It’s important to understand what decisions could lead to substantial litigation. Companies are challenged with the interpretation of the workers’ compensation law and need a clear understanding of compensability and employment rights.
Zip Lining in Hawaii
Take the case of an employee who is a tour guide for a zip line course in Hawaii. The employee is demonstrating the use of the zip line on one of the towers. He goes past the safety rail and leans back over the ledge without clipping in his safety harness. The employee falls from the tower, striking his face on the ledge, and lands on his back.
The employer found the claimant violated the safety guidelines in place and terminated the employee’s position with the company, which is allowed by Hawaii law.
The workers’ compensation claim was reviewed and determined that, although he may have violated safety guidelines, the incident occurred while at work performing normal work duties. The claim was found compensable.
Baggage Handler at the Airport
In a different state, a ramp employee working for a major airline is unloading luggage from an airplane. The employee steps between the belt carrying the luggage and the cart which holds the luggage. The driver of the cart does not see the employee standing between the belt and cart. The driver believes he was given the signal to "go." The employee was pinned between the belt and cart causing severe injury to her leg.
The employer terminated the employee for violating the safety guidelines by stepping between the belt and cart. However, the employee was not the fault of the injury, and in this state, the law does not allow for an employee to be terminated under these circumstances.
The claim was found compensable, and the employee filed a costly wrongful termination suit against the employer.
What could the employer have done differently to avoid this outcome?
Determine the jurisdiction of the claim
Not all state laws view the violation of safety guidelines the same. In fact, no two states have the same laws in place. Each state establishes the statutes, regulations, and laws for their workers’ compensation system.
Research the case law in that jurisdiction regarding the punishment of an employee or compensability of a claim
Knowing what the outcome was for similar accidents in the same jurisdiction is a good indicator of what to expect. Court decisions combined with state laws control the program and outcome in each state.
Have written training guidelines in place and documentation of completed training in the employee’s permanent file
Employers are responsible for making a reasonable effort to make sure their workplace is safe. Providing training guidelines for improving safety in the workplace is part of any good loss prevention program.
Conclusion
Workers compensation not only provides injured workers medical care and compensation until they can return to work, but it can also protect employers from lawsuits by injured employees.
Before assuming the claimant should be terminated or a claim should be denied, you must determine the jurisdiction in which the accident occurred. In our second example, terminating the employee was not be the best course of action and led to expensive litigation that resulted in a costlier claim.
Review and evaluate the case law for the specific jurisdiction in which the accident occurred. Not all state laws view the violation of safety guidelines in the same way.
Determine if the claimant received the appropriate training for any safety devices used on the job before the incident occurred and if there is documentation of that training in the employee’s permanent file.
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