Safety Violations and Statutory Duties
Employees and employers are required to obey North Carolina laws on safety including laws or orders of the North Carolina Workers’ Commission and OSHA. If an employer willfully disobeys a safety law or safety order and disobeying caused the employee to be injured or to die, then the employer will be subject to a 10% penalty on any compensation award. In a similar manner, the employee has to follow the safety laws. If an employee:
- Willfully fails to utilize a safety appliance or willfully disobeys a state law or a regulation/rule approved by the Workers’ Compensation Commission, and
- The employee had knowledge of the safety issue prior to the injury, and
- The injury or employee death was caused by the failure to follow the safety rule
Then the employee’s compensation will be reduced by 10%.
The employee may be able to argue that the penalty should not apply because the employer didn’t provide the safety equipment that the law requires, that the employer never enforced the rules, or that that the employer didn’t instruct its employees about the rule that may have been violated. Such violations commonly come up with respect to injuries caused by a lack of safety harnesses, proper scaffolding, and other safety equipment.
North Carolina Lawyer Joe Miller Esq. represents injured employees
Attorney Joe Miller knows the Workers’ Compensation Act and the arguments that employers and insurance companies make when they contest or reduce the amount of your claim. He’ll provide the best arguments against those attempts and fight to get you every dollar of compensation you need. He’s been helping injured employees and their families for over 25 years. Contact Joe Miller Esq. at Joe Miller Law, by calling (888) 694-1671 to learn more.