Oct 8, 2019
Does Posting Safety Warnings Excuse Employers from Providing Workers’ Compensation?
Certain jobs are dangerous by nature, and the people who are employed in those industries are usually aware of this. Sometimes, the hazards of a role are well known, such as for people who work in construction, or are first responders. The risks of other jobs may be less apparent but are usually outlined by the company upon employment.
An employer may warn their workers of certain occupational hazards by posting signage at their workplace. These warnings can range from a standard “watch your step” sign to messaging that describes the potential risks of using a type of equipment.
In a personal injury case not involving an employer-employee relationship, this kind of signage could potentially excuse a person from liability. For example, a restaurant owner that posts a wet floor sign may not be found negligent if a customer slips on the floor. But if their employee slips on the floor, do the same rules apply? Can a business’s decision to post safety warnings affect their employee’s ability to recover workers’ compensation benefits?
Workers’ Compensation is a No-Fault System
Workers’ compensation insurance is in place to provide benefits to injured employees, generally regardless of who is responsible for the harm. Outside of cases of gross negligence or malice, employees can be compensated even if they are partially at fault for their injuries, and employers cannot be sued for their liability.
In the wet floor example, the sign would not impact the employee’s ability to recover workers’ compensation benefits. The company is already excused from liability as a condition of the workers’ compensation system, so the sign doesn’t make a difference. The employee was injured on the job, and therefore should qualify for coverage.
Were you injured on the job, and are need of an experienced attorney to represent your rights? Contact The Law Offices of Nathaniel F. Hansford, LLC.
Send us a message or call (770) 741-2825 to discuss your workers’ compensation claim with our lawyers.