No Hard Hat, No Compensation?
There are plenty of things that can go wrong on a construction site. Watch the Three Stooges if you don’t believe us. There are plenty of safety regulations in place to help prevent these accidents to happen. What if an employee doesn’t follow them and gets injured? Are you still liable to offer them workers comp? After all it’s not your fault they were injured if they weren’t following the rules. The answer is a resounding maybe.
In many instances you might find basic safety violations won’t be enough to forfeit workers comp. Something minor like not wearing their hard hat or safety goggles will still warrant worker’s comp. In some states it can reduce the amount of compensation owed. It is best to speak to an Workers Comp Attorney like Ward T. Berg to learn the workers comp laws here in Florida.
What if the employee is willingly doing something dangerous? Let’s say they got on top of a cement mixer and started doing a dance. Naturally this had disastrous results and they are now injured. Dancing on cement mixers is not a part of their job. It’s also a clear safety violation. In this case you are likely not to be liable for safety compensation. That is a big part in the decision. Were they doing their job?
Even if they were not wearing a hard hat, they were still performing their duties. They were still essentially working. Fiddler on the cement mixer was not performing his duties. If he wasn’t working then why should he get workers comp? While he can still push for workers comp it doesn’t mean he will get it.
When navigating a workers comp case make sure you have experience in your corner. Hiring an experienced Workers Comp Attorney can help make your case.