Safety First: Navigating Virginia’s Workers' Compensation Defenses
In Virginia, the workers' compensation system ensures that employees receive compensation for medical expenses, lost wages, and rehabilitation after a workplace injury. However, like any legal process, there are defenses that employers can raise to reduce their liability or deny a claim. One of the most important defenses revolves around safety rule violations.
Safety rule defenses allow an employer to reduce or deny workers' compensation benefits if the employee’s injury is a result of violating an established safety rule. These rules are designed to protect employees and maintain a safe working environment. Violations might include things like failing to use required personal protective equipment (PPE), neglecting to follow safety procedures, or ignoring specific workplace guidelines that reduce risk.
Under Virginia law, employers may raise a safety rule defense if they can prove that:
The employee knew about the safety rule: The employer must show that the employee was aware of the safety rule that was violated. This could be through training, written policies, or verbal instructions.
The rule was reasonable and valid: The safety rule in question must be reasonable. For example, a rule that requires wearing safety goggles while working with hazardous materials is typically considered a valid and reasonable safety measure.
The employee’s violation of the rule directly caused the injury: Employers must demonstrate that the employee’s failure to follow the safety rule was the direct cause of the injury. For instance, if an employee sustains an eye injury while not wearing safety goggles, the employer may argue that the violation of the safety rule caused the harm.
In the case of minor safety rule violations, such as not wearing a helmet when working in a low-risk environment, employers may not be successful in raising a defense. However, in cases of more serious violations—such as ignoring clear and important safety protocols—the defense is likely to have a greater effect.
It is important to note that while employers can raise these defenses, they still bear the burden of proof. There is a specific time frame in which the Employer must file notice of the intention to raise this defense at a pending hearing. They must provide clear evidence that the employee violated the safety rule and that the violation directly caused the injury. Simply claiming that a safety rule was in place is not enough to deny workers' compensation benefits. Consult with your defense counsel on the facts of a particular claim to determine if the violation would rise to the level of a safety rule violation and the evidence needed to prevail at a future hearing on the issue.
Meredith L. Pendergrass