NEW YORK: Avoidable Pitfalls
In New York, an OSHA Form 300 must be completed whenever an Employer's Report of Injury (C-2) is filed with the Work Comp Board. This is due to the fact that the threshold reporting requirements are identical for each form.
A recent GAO report claims that employers are underreporting workplace injury. It is believed this will soon lead to increased federal spot checks to see if OSHA reporting is seriously at variance with reports submitted to carrier's and the Work Comp Board.
Problems can easily be avoided by simultaneously completing both OSHA Form 300 and the Employer's Report of Injury (C-2) and making sure the information on each is compatible.
Lawyers in New York work comp are becoming more zealous in subpoenaing employer records in contested claims due to new Board regulations insisting on thorough preparation of contested claims. It is certain the subpoenas for OSHA records (which, by law, cannot be concealed from workers) will soon follow. A lawyer discovering discrepancies with OSHA reports will gain a large advantage over an employer. (workersxzcompxzkit)
In a contested work comp claim, if it can be shown that an employer failed to file a required Form 300, the credibility of the employer's testimony will be greatly decreased.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers' compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
In a related issue: By WCK Staff Writer
GAO: Underreporting of Workplace Injuries & Illnesses Prevalent
The Government Accountability Office reports what appears to be a marked under reporting of workplace injuries and illnesses. Washington lawmakers asked for the report after noting a suspicious decrease in workplace injuries and illness in the fifteen years between 1992 and 2007. The GAO said non-reporting is only one area contributing to the overall skewing of workplace safety statistics.
The report indicated OSHA failed to verify employers work comp claims by performing follow-up interviews with injured employees. In fact, it appears employees were deliberately discouraged from reporting their workplace injuries and/or illnesses. In addition, medical professionals were also told to withhold treatment so employers did not have to file reports with the administration. (workersxzcompxzkit)
Hilda Solis, Labor Secretary said, "OSHA will be taking strong enforcement action where we find underreporting" of workplace safety issues.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues. ©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
