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Thread: Woman falls into fountain at a mall

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  1. Quote Originally Posted by Cataholic View Post
    Doesn't CA have a worke's compensation program? On Ohio, we would never address fault in that situation.
    Of course there is a WC program here. Fault is not the issue as to who pays - the company pays. That's true in every state. But that does not mean the company cannot - and should not - take action with employees who do not work safely.

    It is possible to make the case that an accident/injury at work does not arise out of and in the course of employment - but that is extremely difficult.

    But I am a believer that there should be consequences for failing to follow safey rules. Just because the company has to pay doesn't mean there shouldn't be consequences for the employee. Accidents - for the most part - don't just happen and if the accident happens because the employee didn't follow the proscribed procedure/safety rules - it is no different than if there is a violation of any other workplace procedure/rule.
    Last edited by Edwina's Secretary; 01-21-2011 at 10:40 PM.

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