07-19-2010, 05:00 PM
kate Wrote:Cycler is right. There is nothing in the Florida WC law that allows an employer or insurance carrier to not pay a claim because it was "preventable". WC is "no fault" and as long as the injury was "arising out of, and in the course and scope" of your employment, it is covered!
There is a provision for a 25% reduction in benefits for failure to use a mandatory safety device but nothing that states a preventable injury is not covered.
We don't have any "mandatory" safety devices, that is I've never seen it in writing and training was all verbel. We are all told that we have to use PPE but the entire dept knows that even the PPE does not prevent injury 100% of the time, and injuries have happened with and without PPE. Risk Management is well aware of all this.
