Accidents and injuries in the workplace often involve the authorities. OSHA – the Occupational Safety and Health Administration – writes workplace safety regulations, investigates violations and accidents, and fines/punishes dangerous workplaces. You might have come across the phrase “OSHA recordable incident” and wonder how that could affect your injury, reporting, or Workers’ Comp benefits.
An OSHA recordable incident is any injury or illness that must be recorded and reported to OSHA. Generally, any accident with a serious enough injury is OSHA reportable. This requirement is usually on the employer and has no bearing on your ability to file an injury claim or get your Workers’ Comp benefits, though there is a lot of overlap between Workers’ Comp eligible injuries and OSHA reportable incidents.
For help with your injury case, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945.
What Qualifies as a “Recordable Incident” for OSHA?
OSHA Standard 1904.7 deals with “general recording criteria.” These are the requirements put on an employer to record and report an accident or incident to OSHA. This must be done in cases that cause:
- Death
- Multiple days away from work after the day of the injury
- Work restrictions or transfer
- Medical treatment more than first aid
- Lost consciousness (i.e., it knocks someone out)
- Other “significant injury or illness diagnosed by a physician or licensed health care professional.”
Note that these recording requirements are on the employer; you, as the injured worker, are likely not the one who has any responsibility to record or report this injury. However, if you feel that your injury was a serious problem that your employer might not be recording or taking seriously, you are free to file an OSHA complaint yourself.
Workers’ Comp Eligibility vs. OSHA Recordable Incidents and Other Standards
Just because an incident is OSHA recordable doesn’t mean it qualifies for Workers’ Comp, and vice versa.
OSHA Recordable Standard
As mentioned, the standard that makes an incident OSHA recordable is the effect of it: does it cause serious enough injuries or lost time at work?
If an incident qualifies, then it needs to be recorded. This requirement does not have a legal connection to other standards such as negligence, Workers’ Comp requirements, or other legal standards.
Workers’ Comp Requirements
An accident can lead to Workers’ Comp benefits for the injured worker if it meets these requirements:
- The worker is an employee.
- The accident was work-related (e.g., from workplace conditions or work tasks).
- It results in at least 7 days of disability.
These standards are completely separate from OSHA’s standards and have no bearing on the other.
Negligence
It is also worth comparing these standards to negligence. That is the standard used in personal injury cases.
For an accident to qualify as negligence, you need to show
- The defendant owed the victim a legal duty.
- The defendant breached that duty.
- The breach caused the accident.
- The accident resulted in injuries.
An accident does not have to rise to the level of negligence for it to be OSHA reportable or for a Workers’ Comp claim. That means you can get Workers’ Comp even if no one was at fault or it was a true accident.
Workers’ Comp also does not require you to prove negligence, but you can sue outside parties (i.e., not your employer) if they were negligent.
Similarities and Differences
Some important similarities and differences to point out between these standards are as follows:
- No one needs to be at fault to record an accident or get Workers’ Comp from it; “true accidents” are still recordable and grounds for Work Comp claims.
- An injury can be OSHA recordable without lost time at work, but it can’t qualify for Workers’ Comp wage-loss benefits unless you are out for over 7 days.
- Injuries at work that are not “work-related” might still be OSHA recordable but ineligible for Workers’ Comp.
FAQs for OSHA Recordable Incidents and Workers’ Comp in Pennsylvania
Can I File a Claim for an Injury that Isn’t “OSHA Recordable”?
Most injuries eligible for Workers’ Comp are going to be recordable incidents. If your injury only needs first aid or doesn’t take you away from work or become a “significant injury or illness,” then it probably isn’t serious enough for Workers’ Comp.
However, this is not a definitive rule. Always check with a Pennsylvania Workers’ Comp lawyer, as some injuries might not be OSHA recordable, but still be enough for Workers’ Comp.
Do I Need an OSHA Violation for a Work Comp Claim?
OSHA’s standards and rules are there to keep workers safe, not to define what does and doesn’t qualify for Workers’ Comp. Workers’ Comp has its own requirements for work-related injuries that cause at least 7 days of disability.
You can have a Work Comp claim with or without an explicit OSHA violation, and just because something is OSHA recordable doesn’t mean it will qualify you for Workers’ Comp.
Can I Use OSHA Records as Evidence?
OSHA requires employers to keep records of these injuries, meaning these records should be in their possession. We may be able to obtain the OSHA 300 Log your employer used, or at least obtain other internal incident reports.
Will My Employer’s Determination Affect My Workers’ Comp?
Whether your employer thinks the incident is OSHA recordable – and whether they ultimately do record the incident or not – has no bearing on your Workers’ Comp claim. Fraud and paperwork mistakes sometimes happen, but just because your employer refused to record an incident or decided it was not OSHA recordable does not mean your injury is not eligible for Workers’ Comp.
Who Decides Workers’ Comp Claims?
Your employer and their Workers’ Comp insurance carrier decide whether you get benefits in your initial Workers’ Comp claim. After they deny benefits, you take the case to a Workers’ Comp Judge to decide your Claim Petition.
Who Decides When an Injury is OSHA Recordable?
Employers are required to record events when they meet the standards. That means they make the determination of whether it needs to be recorded or not. If OSHA ever questions their records, it is up to OSHA whether they violated the recording standards by skipping an incident that should have been recorded.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
If you were hurt at work, call Cardamone Law’s Norristown, PA Workers’ Compensation attorneys at (267) 651-7945.
