EMPLOYER'S FAILURE TO REPORT JOB INJURIES HAS ATTRACTED THE ATTENTION OF CONGRESS

I frequently receive calls from injured workers who tell me their employer has either asked or encouraged them to file their job injury on health insurance, or to just allow the employer to pay the medical bills and avoid reporting. Beware, employer failure to report job injuries is a violation of OSHA regulations.


This unlawful conduct has caught the eye of the U.S. House of Representatives Committee on Education and Laborwho is currently investigating the issue. In a majority staff report entitled Hidden Tragedy: Under-reporting of Workplace Injuries and Illnesses, the committee concluded that employer non-reporting of workplace injuries is a real problem.

Why are workplace injuries being under-reported? According to the report:

- Certain categories of workers, accounting for a significant portion of the workforce, are excluded from the survey.
- Occupational illnesses are particularly difficult to identify as work-related.
- Immigrants are less likely to report workplace injuries and illnesses.

- Workers are often reluctant to apply for workers’ compensation.
- The musculoskeletal disorder column has been taken off of the OSHA 300 Log.
- Some workers and employers do not understand the reporting system.
- Employers have an incentive to under-report.


What incentives do employers have to under-report?

- Low injury and illness rates decrease the chance of being inspected by OSHA
- Low numbers of injuries and illnesses decrease workers' compensation expenses.
- Low injury and illness rates can earn businesses bonuses and incentives
- Low injury and illness numbers look good to the public and to customers


What methods do employers use to discourage reporting?

- Direct intimidation of workers.
- Bringing seriously injured workers right back to work.
- Discouraging appropriate medical attention.
- Discouraging physicians from reporting injuries or diagnosing illnesses.
- "No fault" absentee policies.
- Safety incentive programs and games.
- Manager incentives and bonuses
- Drug testing after every accident or injury.
- Contractors and contracting out dangerous work
- Miss-classification of workers.


If you have been injured on the job, insist that your injury is reported to the Georgia State Board of Workers Compensation immediately, it’s the law. Many times what appears to be a minor injury, can turn into a major injury. Judges are particularly fond of looking at the early medical records to help them understand where an injury started. It is very important you tell your doctor from the start that you were hurt on the job. As with proving any legal matter, proper early documentation is very helpful. For more help, contact the KeenerLaw.com.