Carrie Careless has a history of sloppy work when it comes to loading boxes. Tod
ID: 342784 • Letter: C
Question
Carrie Careless has a history of sloppy work when it comes to loading boxes. Today she was fing boxes off a cart onto a high shell. The beses were too eavy and fell down causing an injury to her back. She was not wearing the company supplied back brace and really should have asked for belp since she krnew the boxes were too heavy. This resulted in a $1,000 doctor bill and 3 missed days from work. Is this bill covered by workers comp? Yes, she is always covered if the injury occurs on the job. O Yes, because the boxes were too heavy and no one was willing to help her se she violated company policy by not wearing the back brace and did not seek help with the boxes. No, because this has happened several times before with her.Explanation / Answer
The answer depends on whether the Company had a clearly written policy of wearing back brace that was also clearly communicated to the employee.
If there was such written policy, then the employer can deny liability for the injury on the basis of 'prohibilited act' defense. In this case, the answer is the 3rd option.
If there was NO such policy, then the answer is 1st option.