Employee negligence can prevent them from getting workers’ compensation benefits and possibly threaten their job. Workers’ comp is a benefit that many employers offer to their employees in case of on-the-job injuries. However, if an employee is negligent and causes their injury, they may not be eligible for workers’ comp.
One 2014 case, in particular, has set a precedent for this situation. In the case, an employee was working on a construction site when he fell and injured himself. The employee filed for workers’ comp, but his employer denied the claim because they said the injury was due to the employee’s negligence.
Employee Negligence and Workers’ Comp
Recently, a New York appellate court in favor of a summary judgment for the defendants in a Labor Law action. It dismissed the worker’s claims for compensation for injuries sustained while working.
Angel Morales filed a case against 50 North First Partners LLC and Bayport Construction Corp. after he allegedly worked at a Brooklyn apartment complex. Bayport hired Mr. Morales to work as a mason. Then, Morales suffered an injury when he fell from the second story of the building.
The court dismissed Mr. Morales’ claims after they determined he caused his injuries through negligence when he took a shortcut by not using the stairs or ladder provided by his employer. Ultimately, the court said, “In order for an employee to recover under Labor Law 240, the worker must show that the defendant breached its duty to provide him with a safe place to work.”
The court continued that the worker’s claims were ungrounded since the injury resulted from his decision. He took a shortcut and neglected to use safety equipment. “Simply put, the injury did not occur ‘as a result of any lack of safety measures on the defendants’ part,” the court reported.
Why Employers Should Get Workers’ Comp Insurance
Workers’ compensation helps give benefits to employees who suffer an injury or become ill due to the actions of the job. Some benefits may include medical expenses and income replacement or death benefits. Workers’ compensation is typically mandatory in most jurisdictions, meaning employers must provide coverage for their employees.
As a business owner, it’s prudent to protect your employees in case they suffer an injury on the job. But, you may wonder if workers’ compensation insurance is necessary. After all, couldn’t you require your employees to sign a waiver absolving you of liability in the event of an injury?
Getting workers’ compensation insurance is a wise business decision because the law requires it, and it protects your employees. Additionally, workers’ compensation insurance will provide them with much-needed financial assistance if an employee suffers an injury on the job. It can help employees cover medical expenses and lost wages while unable to work.
As such, it protects your business from lawsuits: If an employee is injured on the job and files a lawsuit against your company, workers’ compensation insurance will cover the costs of the lawsuit up to the policy limit.
About InsureMyWorkComp
InsureMyWorkComp is a digital brokerage that helps clients find the right workers’ compensation solution for their business needs. Unlike other online platforms, we will help you to work with an agent who can provide you the right solution for your risk profile. Our staff has over 50 years of workers’ compensation underwriting and sales experience, and we are confident that we will provide you the support that you need. For more information or to get a quote, contact us today at (855) 340-9138.