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Business Insurance: Workers Compensation

General

Must I track and report workplace injuries to any agencies?

Question: Must I track and report workplace injuries to workers compensation and OSHA?

Answer: If you have employees, workers compensation or similar programs are required in every state (except Texas). The reporting requirements may vary in each state but generally speaking all worker injuries are required to be reported within a short number of days.

Also, under the Occupational Health and Safety Administration (OSHA) recordkeeping regulation (29 C.F.R. 1904), covered employers are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. This information is important for employers, workers, and OSHA in evaluating the safety of a workplace, understanding industry hazards, and implementing worker protections to reduce and eliminate hazards.

Some employers are exempt from OSHA reporting:
Employers with less than 10 employees and whose establishments are classified as a partially exempt industry are not required to report.  All others must record work-related injuries and illnesses using OSHA Forms 300, 300A, and 301, available here. Partially exempt industries include establishments in specific low hazard retail, service, finance, insurance, or real estate industries and are listed in Appendix A to Subpart B.

Employers who are required to keep Form 300, the Injury and Illness log, must post Form 300A, the Summary of Work-Related Injuries and Illnesses, in a workplace every year from February 1 to April 30. Current and former employees, or their representatives, have the right to access injury and illness records. Employers must give the requester a copy of the relevant record(s) by the end of the next business day.

Source: OSHA Injury and Illness Recordkeeping and Reporting Requirements website

Updated: 10/20/2022

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