Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.
Get A Free Consultation Now
Call 800-655-9606 Serving Nebraska from our offices in Lincoln and Omaha

Our Areas Of Practice

View Our Practice Areas

Does Violation of a Safety Rule Preclude Entitlement to Workers' Compensation Benefits?

Possibly. In Nebraska workers' compensation claims, benefits may be denied to an injured worker if they were willfully negligent at the time of the injury. Neb. Rev. Stats. 48-102, 48-107, and 48-151(7). Willful negligence consists of (a) a deliberate act, (b) such conduct as evidences reckless indifference to safety, or (c) intoxication at the time of the injury, such intoxication being without the consent, knowledge, or acquiescence of the employer or the employer's agent. Neb. Rev. Stat. 48-151(7). Generally, the deliberate defiance of a reasonable safety rule in place to prevent serious bodily injury to an employee will constitute willful misconduct in the absence of certain excuses. The factors that the Court looks at in determining whether a violation of an employer's safety rule should disqualify a worker from receiving workers' compensation benefits include:

(1) whether the employer has a reasonable rule designed to protect the health and safety of the employee;

(2) whether the employee has actual notice of the rule;

(3) whether the employee has an understanding of the danger involved in the violation of the rule;

(4) whether the rule is kept alive and enforced by the employer; and 

(5) whether the employee has an excuse for violation of the rule.

Guico v. Excel Corp., 260 Neb. 712 (2000). If an employer wants to deny workers' compensation benefits on the basis of willful negligence, the burden is on them to provide the Court with evidence at hearing on the matter. Examples of potential safety violations resulting in injury include laceration of fingers while not wearing safety gloves, removing a guard on a machine to clear a jamb while not disengaging the machine, intoxication on the jobsite, and failure to wear a safety harness. There are endless potential safety violations that may result in injury. Whether the injured worker is disqualified from receiving workers' compensation benefits for the same will depend on the specific facts of each case and the evidence presented.

  • Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence 2017
  • AV PeerReviewRated | For Ethical Standards And Legal Ability
  • The American Trial Lawyers Association
  • ABA - Defending Liberty Pursing justice
  • NATA

What Our Clients Say

  • The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance. - WN

  • I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen... - DW

  • "...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..." - CG

  • "...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O." - RD

  • "...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..." - HR

Client Testimonials

Get A Free Consultation Now

Please fill out the form below to contact Atwood, Holsten, Brown, Deaer & Spier for a consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Get Help Today. Call Us At 800-655-9606

Omaha Office
14301 First National Bank Parkway
Suite 100
Omaha, NE 68154

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410
Map & Directions

Lincoln Office
575 Fallbrook Boulevard Suite 206
Lincoln, NE 68521

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410
Lincoln Law Office Map

Atwood Holsten Brown Deaver Spier
Review Us