Document RjxrgGDGJ0ejverOZ8MwEaZX

WORKMEN'S COMPENSATION AND INSURANCE TABLE 11-B STATE WORKMEN'S COMPENSATION LAWS INCREASING OR DECREASING COMPENSATION TO THE EMPLOYEE WHERE INJURY IS DUE TO VIOLATION OF STATE SAFETY LAW OR ORDER OR EMPLOYER SAFETY RULE* State Percentage of Increased Compensation for Employer Violation Percentage of Decreased Compensation for Employee Violation Colorado Florida Kentucky Missouri Nevada New Mexico North Carolina Ohio South Carolina Utah Wisconsin None . None 15* 15 ................ None 10 10 . 15 to 50 ............... 10 15 .. . 15 50 25 15 15* 25` 10 10* None 10* 15 15* Source Workmen's Compensation Laws pamphlets published by Association of Casualty and Surety Companies. Sept 1968 Notes > This table does not include those laws where increase or decrease may be doe to interpretation of the term "aenous and wilful misconduct.'* or where all compensation is denied to an employee because of safety violation, or where other types of assessments may be made for such purposes * Specific safety statute or regulation must be communicated to employer Employee must know of rule adopted by employer Also, employer must have made a diligent effort to cause employee to use safety devices and to follow safety rules * If employee removes safeguard * Employer safety rule must be brought to knowledge of employee * Employer must reasonably enforce provision requiring safety devices, employee must hove notice of employer safety rule that where a right of action easts against a thud party, the employee or dependent may either claim compensation or sue the third party for damages If the employer has paid or becomes obligated to pay com pensation, be is subrogated to die em ployee's cause of action against the third party, but any excess recovery is held for the benefit of the employee If the employee elects to sue, the employ er or insurer is liable only for the defi ciency, if any, between the amount of the recovery and the compensation awarded No compromise of the suit is permissible with out the consent of the employer and m some instances also of the commission or court Extraterritorial effect Most of the compensation acts include appbcabon to injuries sustained outside their respective states if the injuries are sustained while employees are temporarily outside the state Other important cntena include employee's residence, place of em ployer's business, and state where contract of hire was made Moreover, a state may take jurisdiction of an injury occurring within its boundaries and compensate an employee even though his contract of hire was made in another state Since there is obviously no uniformity in this matter, it is important that an employ er whose employees work in different states provide coverage for all eventualities. 11-7