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Workers Compensation

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What steps should you take when an employee hurts themself in an incident that was caused by him not following safety rules?

Regardless of the cause, it is still a workplace accident. Many employers are disappointed to learn that even when the employees own carelessness causes the injury, it is still covered by Workers Comp insurance, and must be reported to OSHA. The employee will very likely collect workers comp benefits just as if the accident was caused by someone else, or was unavoidable. The employer should complete an Employers First Report of Accident or Injury for OSHA and report the incident to their workers comp carrier ASAP.

There is an exception if the employees conduct was intentional, or gross negligence. For example, if an employee intentionally ran over his own foot with a forklift, to collect workers comp, many insurance companies would charge him with fraud. However, that is usually a matter for the insurance company to handle, not the employer.

Yes, in some cases this causes the employers workers comp insurance premiums to go up. But the insurance carrier would say that the employer is responsible for making sure that all employees follow safety precautions, all the time.

The employer can discipline the employee for not following safety rules, in many cases. Suppose Tim neglected to wear safety goggles and got a wood sliver in his eye, requiring medical treatment and several days off work. In the past, the employer has written up employees who failed to wear safety goggles and were not injured. The employer could give Tim a written warning for not wearing safety goggles — and probably should. But Tim would still be entitled to workers comp coverage to pay his medical bills and replace his income for time missed from work. In some cases, the employer can even terminate an employee who has not followed safety regulations. However, the employer cannot discipline or terminate an employee solely because the employee has been injured. In other words, if the employer has not disciplined other employees who failed to wear safety goggles, he cannot discipline Tim now.

If the employees conduct is illegal — like driving a company vehicle while under the influence of alcohol — the employer can and should report this to the police and press criminal charges against the worker.