Is My Employer Liable for Injuries Caused By a Safety Violation?

Worker’s compensation in Wisconsin is a no-fault system. This means that, regardless of who was at fault for causing the injury, the injured worker is generally entitled to worker’s compensation benefits. However, when an employer safety violation is a substantial factor in causing a worker’s employment-related injuries, the employer may be ordered to pay a 15% penalty to the injured worker, calculated on the amount of indemnity benefits paid by the insurance carrier, up to a maximum of $15,000.

If you suffered a serious work injury that resulted in permanent disability, substantial wage loss, or significant lost time from work and your worker’s compensation benefits were denied or you did not receive all the benefits you are entitled to, Kingree Law Firm can help.

Employers Face Financial Penalties for Workplace Injuries Caused by a Safety Violation

When a workplace injury appears to have been caused by a safety violation, the State of Wisconsin Safety and Buildings Division can investigate and issue a report. If it is determined the worker’s injuries were the result of a violation of a workplace safety statute or regulation or an order of the Wisconsin Division of Workforce Development, the employer faces a penalty of up to 15% of the injured worker’s indemnity compensation, up to a maximum penalty amount of $15,000. The maximum penalty is both relatively small and unfortunately requires a very serious injury resulting in payment of $100,000 or more in indemnity benefits. Notably, advocates for injured Wisconsin workers (including Attorney Kingree) have proposed updates to the law to allow for larger penalties.

As an example calculation, suppose an injured worker received $50,000 in temporary disability (wage loss) and permanent partial disability benefits due to an injury caused by an employer’s failure to follow industry safety standards. In that case, the injured worker may be entitled to an additional 15%, or $7,500 - payable by the employer, not its insurance carrier - because the injuries were caused by a safety violation.

For the penalty to be assessed, the injured worker must prove:

1. The employer violated an applicable safety law, regulation, or order;
2. The employer knew or should have known of the unsafe condition; and
3. The safety violation was a substantial factor in causing the worker’s injuries.

Proving a Violation of a Workplace Safety Law

To prove a violation of a workplace safety law or regulation, the injured worker must show their employer failed to follow established safety standards and that this violation caused a hazardous working condition.

Here are some steps you can take to preserve relevant evidence to prove a violation of an employee safety regulation.

• Document the Unsafe Conditions. Take photos or video of the unsafe working conditions, environment, or unsafe practice, including the presence or absence of warning signs, safety equipment, or improper procedures. Be sure to document the date, time, and location of the safety violation.
• Gather Witness Statements. Speak with coworkers who witnessed the unsafe conditions or the resulting accident.
• Review Workplace Policies and Procedures. Obtain copies of your employer’s safety protocols, including safety warnings, training protocols, or OSHA guidelines to show how your employer deviated from accepted safety practices.
• Obtain Accident Reports. Obtain a copy of the accident report that concerns your injuries. If other workers were similarly injured, try to determine the date and location of those accidents and request the relevant accident reports. OSHA may have a report of workplace inspections and safety violations.

Proving a safety violation can be challenging and requires proof that your employer knew or should have known of the hazardous condition but failed to address it, and that the safety violation was a substantial factor in causing your injuries. Kingree Law Firm can help in some of these situations and will fight to recover the worker’s compensation benefits you deserve.

How Kingree Law Firm Can Help

With offices in Madison and Eau Claire, Kingree Law Firm is a premier Wisconsin worker’s compensation law firm. We exclusively represent injured workers in claims for worker’s comp benefits, concentrating primarily on worker’s compensation cases outside of the Milwaukee area. With a demonstrated record of success, we have earned a reputation as one of the top worker’s comp firms in the state.

Contact Kingree Law Firm Today

Our team of worker’s compensation attorneys at Kingree Law Firm are highly respected by our colleagues and clients for our knowledge of Wisconsin worker’s compensation law, quality case preparation, and the superior results we regularly achieve. Contact our law office today to schedule a confidential, free appointment to discuss your situation and how we can help.