While employers are legally required to adhere to certain workplace health and safety standards to ensure the wellbeing of their employees, accidents can still happen. According to figures from the U.S. Bureau of Labor Statistics, private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2022, an increase of 7.5% from the previous year.
Some of the most common workplace injuries include falls, slips or trips, exposure to harmful substances, contact with moving objects, and overexertion. When an employee is injured at work it is important for employers to take swift action and follow certain protocols to not only assist the injured employee but to also mitigate the potential for legal and financial repercussions. In this article, we will outline the steps employers should take to effectively handle employee injuries in the workplace.
OSHA Requirements
Employers have a legal responsibility to provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the Occupational Safety and Health (OSH) Act, 1970. The government agency known as the Occupational Safety and Health Administration (OSHA) was established to oversee compliance and enforcement with these standards.
Aside from certain exemptions, OSHA makes it mandatory for employers that have ten or more employees to keep a record of serious illnesses and injuries sustained at work. This is recorded on OSHA’s Form 300 Log and enables employers and OSHA to assess the safety of a workplace, identify potential hazards, and implement measures to eliminate or reduce these hazards in order to prevent these types of workplace injuries and illnesses from occuring in the future.
In addition to record-keeping requirements, OSHA also mandates all employers to report to their nearest OSHA office all employee fatalities within eight hours and any amputation, loss of an eye, or hospitalization of an employee within 24 hours.Failure to comply with OSHA’s record-keeping or reporting requirements can result in significant fines and penalties for an employer and can also lead to a decline in their safety standards and management. This can lead to further cases of injury in their workplace, and the potential for costly legal action as well as reputational damage to their business.
Workers’ Compensation
The Federal Employment Compensation Act (FECA) provides workers’ compensation coverage for employment-related injuries and occupational diseases. The benefits include medical care, wage-loss replacement, survivor benefits, and vocational rehabilitation assistance to help employees return to work. In return for providing these benefits, employees agree to waive their right to sue their employer for damages if they are injured at work.
As each state has specific regulations regarding workers’ compensation, employers should stay up-to-date with their state’s requirements to ensure compliance with the law. Employers should follow the steps outlined below to ensure a smooth claims process:
- Prompt filing: Employers must adhere to strict deadlines when reporting workplace injuries to the relevant bodies. Any delays in filing can lead to complications or claims being denied. To avoid these scenarios, employers should act swiftly after an employee is injured at work, ensuring the incident is reported to their workers’ compensation insurance carrier within the correct time frame.
To help facilitate this process, employers should assist injured employees by providing them with the necessary paperwork and guidance to file their workers’ compensation claim. This approach ensures timely submission of documents, helping to prevent potential delays or disputes and ensure that employees receive the benefits and medical care they need.
- Return to work program: While return to work programs are not a legal requirement, employers can support injured employees in safely transitioning back into the workplace by offering them suitable work options that allow them to return to work in a modified capacity. This approach not only helps employees in their healing and recovery but also reduces the potential financial costs associated with a workers’ compensation claim for the employer.
This can be achieved by keeping the lines of communication open with the injured employee during their recovery period and working together with them to develop a return to work plan. For example, this may entail light or modified duties within their capacity with the aim of increasing their duties once they have made a full recovery, and after consulting with their doctor. Employers should also regularly review their employee’s progress once they have returned to work and make adjustments where possible to accommodate the employee’s specific needs.
- Protection from retaliation: It is illegal to retaliate against employees for exercising a legally protected right such as filing a workers’ compensation claim. According to the S. Department of Labor “retaliation occurs when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.”
Examples of retaliatory actions may include firing or demoting an employee, reducing their hours, or excluding them from opportunities or events. Employers should have safeguards in place to ensure employees are protected from retaliation and feel safe to file workers’ compensation claims without fear of adverse consequences. This may include the circulation of an anti-retaliation policy, providing in-house training to help employees recognize and report retaliation, and establishing a robust investigation procedure for handling retaliation claims in the workplace.
Litigation
In certain cases, an injured worker may bring legal action against their employer. This could be where their workers’ compensation claim has been denied or where there are allegations of gross negligence or intentional harm by an employer.
Litigation can be a lengthy and costly process, potentially drawing unwanted attention to a business. This exposure can lead to reputational harm, which in turn can negatively impact profits. Working towards a settlement with an employee can significantly reduce the costs associated with drawn-out legal action and its associated consequences. In addition to avoiding high legal fees, potential damages, and negative publicity from a prolonged court battle, settlements typically contain provisions that help maintain confidentiality, protecting the company’s reputation.
By addressing workplace injuries promptly and in accordance with the relevant rules and regulations prescribed by law, employers can ensure the safety and wellbeing of their employees while safeguarding the reputation and bottom line of their businesses.
