2015 - Muchnick & Haber Attorneys Help Injured Workers Defeat Improper Claims of Workplace Safety Violations

This year we have helped multiple workers obtain proper workers' compensation benefits after their employers or insurance companies argue that violations of workplace safety rules should reduce the amounts payable.  Missouri law allows an injured worker's benefits to be reduced by as much as 50% if the worker's injury was caused by the failure to follow a reasonable safety rule.  Occasionally an employer or insurance company allege a worker violated a safety rule when there was no such violation.  Do not let your employer deny your benefits when you did not violate a safety rule.  Please click on this link for more information about this issue.

This year we have helped multiple workers obtain proper workers' compensation benefits after their employers or insurance companies argue that violations of workplace safety rules should reduce the amounts payable.  Missouri law allows an injured worker's benefits to be reduced by as much as 50% if the worker's injury was caused by the failure to follow a reasonable safety rule.  Occasionally an employer or insurance company allege a worker violated a safety rule when there was no such violation.  Do not let your employer deny your benefits when you did not violate a safety rule. 

According to Missouri Revised Statute 287.120.5, a worker may have his or her benefits reduced by 25% - 50% if there is a violation of a safety rule.  It is not a surprise that allegations of safety violations are made when an employer or insurance company seeks to avoid paying benefits that should be paid.  It is not enough that your employer allege you violation a safety rule in Missouri workers' compensation cases.  Your workers' compensation attorney should realize that according to a recent court of appeals decision, Greer vs. SYSCO Food Services, in order for the penalty to apply, there are four things that must occur:

1) The employer adopted a reasonable rule for the safety of employees;

2) The injury was caused by the the failure of the employee to obey the safety rule; 

3) The employee had actual knowledge of the safety rule; and

4) That prior to the injury, the employer had made a reasonable effort to cause his or her employees to obey the rule.

If these elements are not met, there should be no reduction in benefits payable to an injured worker.  If you are facing an improper claim that your benefits should be reduced please contact us with any question you have.  

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