Friday, December 14th, 2018 — With limited exceptions, state and federal workers compensation programs are no-fault systems. Regardless of how reckless or ill-conceived an employee’s actions are, they are generally still going to be entitled to recovery through workers compensation under most circumstances. However, most states provide a defense to employers and insurers if the employee is found to have violated a safety rule or neglected to use a safety device. This makes it crucial for employers to maintain a thorough and comprehensive safety plan. More importantly, employers must show that the program does not simply pay lip service to safety. By having such a plan and taking action to institute and enforce it, employers can not only proactively avoid preventable injuries, but can successfully defend against claims that occur as a direct result of an employee’s failure to follow the safety plan or rules.