The defense requires deliberate violation of a known safety rule that the employer enforced, or intentional self-injury. Ordinary negligence and inadvertence do not qualify.
Some states reduce rather than bar benefits.
Alternative Names:
Serious and Willful Misconduct|Willful Misconduct Bar
Why it Matters?
Enforcement of the violated rule is what the defense requires, since a rule that existed on paper while violations were routinely tolerated does not support the defense regardless of the employee's awareness. Documented prior discipline for the same violation is the strongest evidence. Several states reduce benefits by a percentage rather than barring them entirely, which changes the defense's value substantially.
Frequently Confused with
Related terms
Frequently asked questions
What does the defense require?
Does the defense bar benefits entirely?
