Application 6:  Serious and Wilful Misconduct

1. What are the implications of serious and wilful misconduct?

An injury caused primarily by serious and wilful misconduct while in the course of employment will not be covered, unless it results in serious disability or death.

2. What constitutes serious and wilful misconduct?

Misconduct is considered to be serious and wilful if it is a deliberate and intentional act that demonstrates a complete disregard for safety or consequences. A deliberate violation of an enforced safety rule or law that is well known to the worker, will generally be held as serious and wilful misconduct.

3. What are some indicators that an injury may be a result of serious and wilful misconduct?

If it is determined that the worker was injured in the course of employment, the following factors may help to determine if serious and wilful misconduct contributed to the accident:

• Has the worker deliberately violated an enforced order or law?
• Are the actions at the time of the accident deliberate and intentional with a complete disregard for probable consequences?
• Are the consequences reasonably predictable by the worker? Has the employer permitted that type of activity or behavior at the work place?

The above list is a reference guide and is not intended to be all-inclusive.

4. When is this policy application effective?

This policy application (Application 6 - Serious and Wilful Misconduct) is effective February 15, 1997 except when noted otherwise in a specific policy section(s).