Your employer may be required to pay a 15% penalty if your employer failed to comply with a safety statute (for example, the safe-place statute, sec. 101.11(1)) or rule, and you were injured as a result.
Conversely, the compensation to the injured employee may be decreased by 15% (but no more than $15,000) if one of the following applies:
- the injured employee is violating a safety rule at the time of the injury;
- the injury is caused by the employee’s failure to use a safety device, but only if the device is maintained adequately and the employer regularly and reasonably enforces the use of the safety device; or
- the injury results from intoxication (alcohol, controlled substances, or controlled-substance analogs).
Important: If you believe your employer failed to obey a safety statute, please contact us to discuss the circumstances of your case.