Employees who violate safety rules can still get benefits
If your claim has been denied because you violated a safety rule that lead to your injury, don’t give up. In many cases, safety violations that lead to injuries are still covered.
A basic rule of workers’ compensation is that work-related injuries are covered regardless of fault. So if you caused the accident, it usually doesn’t matter. In Illinois, this holds true even if you violated a safety rule, although there are extreme cases that create an exception.
Whether you are entitled to benefits often depends on what you were doing when you violated the rule. If you were still acting “within the scope of your employment,” you should be eligible for compensation. If, however, you were involved in horseplay, your claim will probably be denied. It comes down to whether you were performing your job duties when you were injured.
Example: If you fail to attach a safety harness while working on a scaffold and then fall as you’re walking along the scaffold carrying materials for the job, it should be covered. You were doing your job and you were in an area you were supposed to be, etc. However, if you climbed up onto the scaffold during your lunch break, failed to attach the safety harness and started goofing around with some co-workers, then you’re going to have a hard time getting benefits. Each case comes down to the specific facts.
Another example: There was a case where an employee was injured when he jumped onto a moving forklift to catch a ride to lunch. He violated the safety rule that employees were not allowed to ride double on the forklifts, and he was denied benefits. It wasn’t just the fact that he violated a safety rule, but the fact that he violated in a way that brought him outside the scope of his employment. He wasn’t working or doing anything for the benefit of his employer at the time. What he did (hitching a ride) was entirely for his own benefit.
Violating a safety rule can sometimes prevent you from getting workers’ compensation, but not in every case. If you are denied benefits because you broke the rules, get a second opinion, preferably from an experienced work injury attorney.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
