A claimant’s worker’s compensation benefits may be reduced 50% if the insurance carrier or self-insured employee proves one or more of the following:
- They willfully failed to use a safety device provided by the employer. (Section 8-42-112(1) (a), C.R.S.).
- They willfully failed to obey any reasonable rule adopted by the employer for their safety. (Section 8-42-112(1) (b);
- They were intoxicated. (Section 8-42-112.5);
- They had controlled (illegal) substances in their blood during work hours. (Section 8-42-112.5); and/or;
- They willfully misled the hiring employer about the ability to safely perform their job. (Section 8-42-112(1)(D).
The insurance carrier or employer must show that the injury resulted from a worker’s wrongful act.
Cairns & Associates, P.C.
3900 E. Mexico Avenue
Denver, CO 80210
Phone (303) 481-6345
Fax (866) 277-0355