Why should poor safety behaviour be rewarded with compensation?

Why should an employee who was misbehaving and ignoring rules, be paid when they get injured?

  This is a question that gets asked all the time, and the answer is a little complicated, but it always involves reporting it to the commissioner, and he or she will decide. It is possible that the commissioner will reject the case if you give all the facts in the right place on the forms. It is up to the commissioner to make that decision, not the company.

But in the meantime, have an inquiry into the incident under the appropriate safety act and take the action specified there.  It is also possible, that your rules and regulations require dismissal.  If that is so, IT DOES NOT AFFECT the commissioner’s actions or the rights of the worker.  In other words, do what the safety act says you should.

The reasons behind the seeming contradiction:

·        to protect the worker and the his/her family’s income it is a No Fault Law

·        to allow the organisation to practice the promotion of a safe working environment, do an inquiry.

The commissioner will only reject the case if the injury causes disability below a certain level.  If it is above that level, compensation will still be paid.  That is where the first statement above comes into play.  The fact that the commissioner decides on the right to compensation is why you must report it to him/her, but this also gives the organisation the freedom to deal appropriately with the case under the safety act, as the worker’s rights are protected through the commissioner, not the organisation.

The golden rules are:

Report all cases under the Compensation act thoroughly to the commissioner, AND have an inquiry under the Safety act- do not mix the two acts.