Accusations Of Failure To Wear A PPE Can Affect Your Worker's Compensation Case

When a worker is working under dangerous conditions, he or she might be provided personal protective equipment (PPE) under the guidelines of the OSHA. If you are supplied with PPE and fail to wear it, not only are you at risk of becoming injured, but you may not even be qualified for worker's compensation as a result.

Consequences for Not Wearing a PPE

For an employer to have your claim denied due to a failure to wear PPE, he or she will need to have documented that you were given repeated warnings to wear the PPE. You will also need to have failed to use the device or consistently used the device improperly. Also, the employer must have trained you on how to use the device.

Failure to wear a PPE often leads to employee termination. However, there are some cases where the employer may struggle to terminate the employee depending on the relationship with the employer and the union.

Fighting Accusations of Failure to Wear a PPE

If your employer has accused you of failing to wear PPE, but you claim that you actually did, you'll want to speak with a worker's compensation lawyer promptly. A lawyer can gather evidence and interview witnesses so you can build the best possible case for why you are entitled to your worker's compensation benefits.

In some cases, your employer might not have provided proper PPE. For example, the PPE may not fit you or the PPE might be defective. For example, you may have tried to wear a protective mask, but the strap was broken. Or, there might have been a reason to believe that the PPE was contaminated. 

Appealing a Denied Claim

If your worker's compensation benefits are denied, that doesn't mean that it's over. You are able to appeal the denial of your claim at your state's board of worker's compensation. The denial letter you receive should include the deadline for filing your appeal.

Appealing a worker's compensation claim is a complicated process that should only be handled by an attorney. He or she will attend the hearing by the administrative law judge. Depending on the state you are in, there might be multiple levels of appeal. You may need to prove that you were wearing the PPE through the help of witnesses or you might need to prove that the PPE was irrelevant and that you would have become injured either way. However, your attorney will help you understand your odds of success. To learn more information, reach out to a company such as Prediletto, Halpin, Scharnikow & Nelson, P.S.