Accidents can cause injuries
which may result in both financial losses as well as injuries to workers in
factories or at other workplaces like construction sites. In many countries
employers are expected to have a workers compensation policy in place to
compensate them for the financial losses as well as injuries they are suffering
due to the accident which took place at the workplace. However, like all
policies, there are certain exemptions available to the employer, wherein they
may claim workers compensation exemption and avoid paying the injured employee
or pay a significantly lower amount as compensation.
Most employment contracts make it
mandatory for the employee to report to the workplace in a sober state ,
without consuming any alcohol, drugs or intoxicating substance as it affects
the efficiency and productivity at the workplace. In case there is an accident,
and the worker suffers from injuries which may also be fatal, the employer may
insist that the worker undergo a test to check if the worker was under the
influence of any intoxicating substance when the accident occurred. Using this
intoxicating substance before reporting to the workplace was both a breach of
contract and affected the judgment of the worker, resulting in the accident.
Though worker compensation laws
make it mandatory to offer worker compensation for workplace accidents, there
are certain exceptions like breach of contract as a result of which the
employer may claim worker compensation exemption. However, in such cases, the
onus lies on the employer to prove that the worker was intoxicated when the
accident occurred. The worker may have to undergo medical tests to provide
proof that the worker was at fault, evidence of traces of the intoxicating substance
in the bloodstream of the worker will be needed by the employer, before
refusing the worker compensation claim.
In some cases, the employer may
claim workers compensation exemption if the accident occurred due to the
carelessness or negligence of the worker, who did not follow the stipulated
guidelines for safe operation at the workplace. Most workers are provided
extensive training by their employer, especially when they are working in
hazardous areas, where the risk of an accident is high. It is often mandatory
to wear safety gear like helmets, goggles, safety vests and safety shoes at the
workplace, and if a worker fails to wear these safety gear and suffers injuries
caused by the accident, the worker compensation amount paid to the worker or his
family in case of fatal accidents may be reduced significantly.
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