Accidents and Employer Safety Liability

When a job accident occurs, the workplace accident must be reported. It's important that the employer prepare an employee accident investigation report in order to determine if the employee is eligible for workers' compensation benefits. This report is also required by state and federal laws. An accident report is also necessary when a customer accident occurs at the workplace.

Important information to gather for the report includes:

• An examination of the accident scene
• Statements from witnesses and injured parties
• Date and time of accident
• Any corrective measures taken immediately after the accident

Employees' Rights Following A Workplace Injury

The employee may have a right to file an employee safety injury claim with OSHA and a claim for workers' compensation benefits. If an employee files an OSHA claim, OSHA will respond by conducting either an on-site or off-site inspection. The employee accident investigation report must comply with OSHA requirements.

Depending on the state workers' compensation regulations, the following steps must be taken after the employer is notified of a job accident:

• The employer must give the employee a claim form to complete and return to the employer
• The employer must complete the form and give a copy to the employee and the insurance company
• The employer must authorize medical treatment while the claim is being investigated.

Is an Attorney Necessary?

If an OSHA and/or workers' compensation claim is settled to the satisfaction of the employee, no further action is required. However, the following can happen necessitating the assistance of a workplace accident attorney for either the employee or employer:

• The employee is excluded by state workers' compensation law
• The insurance company denies an employee's workers' compensation claim
• The employer is illegally uninsured for workers' compensation and the employee's only option is to file a civil action against the employer
• The employer is facing a civil lawsuit by a customer arising from a customer accident at the workplace
• The employer is facing a civil lawsuit by the employee arising from the employer's reckless or intentional acts
• The employer is being cited for violations of OSHA regulations.