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Why You Need To Tell Someone If You Get Hurt on the Job

By: Scott Johnston


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An industrial manufacturing business failed to report injuries sustained to its workers on the job, and subsequently was in danger of having $525,000 in fines levied against them. An investigation of the company revealed that the company delayed reporting approximately 21 injuries to the Board. The law dictates that companies report work-related injuries within ten days of their occurrence.

This company was ordered to appear in court and show evidence they had reported the injuries, as required by the law, to the Worker's Compensation Board. However, the results of the investigation indicate that there were several instances which occurred last year and as yet remained unreported. Apparently, up until that point, no employer had ever faced this type of discipline.

The Board's lawyers concluded from their research of the law that there had been no instance where a company had been penalized for the under-reporting of job-related injuries since that alternative became possible when the law went into effect in 1944. Lawyers representing the plastic manufacturer also failed to locate another case. The manufacturers lawyer was even a lawyer specialized in Worker's Compensation.

Official comments have not been furnished by any of the board members regarding the specifics of the case. Company Human Resources Management has stated, however, that they were confident that the hearing would bring closure to the situation and resolve the issue. They are hoping for an impartial assessment of all of the facts presented thus far, as well the chance to clarify the underlying situation.

There have been accusations made by the Steelworker's Union, as well as some of the company's workers, that the company deliberately chose not to report injuries to both Worker's Compensation and the Federal Occupational Safety and Health Administration. A large amount of employees are viewing the company's actions as an effort to save money. On the occasions when a worker's injury prohibited him from working, the plastic manufacturer paid him for that lost time and paid his medical costs.

However, as a lawyer with United Steelworkers of America pointed out, by under reporting job related injuries a company avoids triggering a full scale inspection of their business, and doesn't have to pay compensation to workers when injuries reoccur some 30 years later. Sixty additional claims of non-reported injuries came forward to the Workers' Compensation Board after initial charges were levied, with some of the claims originating in 1994. The company stipulated that some of these cases ought to have been reported sooner, but stated that there had been a misunderstanding of the reporting requirements.

The possibility remains that fines in the amount of $2,500 could be levied for each and every case that wasn't reported within ten days of injury, as required by law. In addition to the monetary penalty, they could be criminally liable. Workers' Compensation has delegated further action into the case to the state attorney general's criminal fraud division.

An investigation is ongoing regarding allegations of under-reported injuries, including the most recent of four cases of workers who lost all or a portion of their fingers while working at the plant.

Accusations were made of the company accepting payments made on a particular worker's health insurance plan, even though they canceled her plan after her injury.

The Director of the United Steelworkers of America has proposed that a full corporate investigation be conducted based upon the findings at the one plant. The company operates an additional 4 facilities in Indiana and Illinois.

Article Source: http://depositarticles.com/

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