Workplace safety can be an area of concern for employers who have any risk within their place of business that could be translated into a possible injury, illness, or even fatality. Employers have a big responsibility to report the injury to various outlets, making sure their employee is okay, as well as providing accommodations going forward. Depending on type of injury, different measures have to be followed; which means knowledge and education is the key for employers to avoid costly mistakes. In addition, employees need to be aware of the laws, rules, and regulations of reporting a workplace injury. They need to know where to go, who to talk to, and what type of accommodations to ask for. All in all, it can be a very complicated process.

For the Employee (in the state of Utah):
Employees need to report any workplace injury to their employer, no matter how slight. Employers are on a time table for OSHA and the Labor Commission in regards to reporting. Some companies will have policies that require all injury reporting to be done within 24 hours, or the employee could receive disciplinary action. Unfortunately this can’t be the case for every injury. And any serious injury, illness, or fatality has to be reported immediately by either the employee themselves, the supervisor, witness, or foreman. Employees may not necessarily understand what constitutes “serious injury” which is why the safest action is to report ALL injuries immediately. The employer can then decide who, when, and how to report the injury. Employers will investigate the injury as they see fit, and employees can expect some of the following:

• An on-site investigation about how/why the accident happened
• Witness statements and information may be requested
• Post Accident drug test requested immediately
• Questions asked such as: Where the accident occurred, what time the accident occurred, type of injury, PPE used (if applicable), etc…

Employees will also need to provide all paperwork to their employer that was given to them by either a clinic or hospital. These papers will have information about the employee’s restrictions, plan of care, and follow up appointments. This information allows the employer to accommodate with the employee’s needs until they are fully released to return back to their normal job and duties. Follow up appointments are critical for the plan of care; even if you feel 100%, the follow up appointments allow your employer to have a specific release date and instructions.

For Employers (state of Utah):
The employer is required by law to file a First Report of Injury report with the Utah Labor Commission’s Division of Industrial Accidents within seven (7) days of them being informed of the injury. They are also required to report the injury to the workers’ compensation insurance carrier. Utah OSHA also requires all serious injuries (major broken bones, any loss of consciousness), serious illness (heat stroke, poisonings), one or more employees hospitalized, and/or fatalities MUST be reported within EIGHT hours of the injury. If not reported on time, the employer could be subject to fines and/or investigations.

Employers also need to document everything for their own personnel files. What exactly happened to the employee, dates and times of appointments, and specifics on restrictions should be made known to HR and the employee’s direct supervisor. Supervisors need to be kept informed of restrictions, modifications of job duties, and appointments so employees can heal quickly and fully without fear of any retaliation; which is illegal.

Employers can also work closely with their Worker’s Compensation Carrier to make sure they fully understand the injury, claim, and plan of care going forward. The adjuster assigned to the claim can explain unanswered questions and educate the individual assigned to handle the claim; usually someone in HR or Safety.

For specific details on who to contact at Utah OSHA, and how to file a claim, visit the Utah OSHA website. Other states may or may not have their own OSHA program like Utah does. The federal OSHA program as well as information on states with their own programs can be found on the OSHA website.