![]() The Employer required that employees report all injuries, even if the employee did not consider the injury to be serious. The Injury Reporting Policy defined accident as “any occurrence that led to physical harm or injury to an employee and/or led to damage of company property” and near miss as “any occurrence that did not result in an accident but could have.” The Injury Reporting Policy required that an employee notify a supervisor of an accident or “near miss” as soon as possible, or by the end of the employee’s shift. May 30, 2018), under the employer’s, Dura-Fibre, LLC’s (Employer), Accident Reporting/Investigation Plan (Injury Reporting Policy), if an employee is injured or almost injured at work, he must report the injury or “near miss.” The Employer instituted the Injury Reporting Policy to emphasize timeliness in reporting injuries and to create a “near miss” program to increase reports of unsafe acts that did not result in injury. Seyfarth Synopsis : A recent Eastern District of Wisconsin case held that an OSHA 11(c) retaliation claim will survive summary judgment where the employer failed to comply with its own investigation procedures. Our lawyers have seen cases of employer intimidation too many times before and we’re committed to defending your rights.By Mark A. To be fully compensated for medical expenses, lost wages, and possible long-term disability, you must file a workers’ comp claim.Ĭall our firm today to discuss your case. Your employer is required by state law to carry workers’ comp insurance for just this purpose. You may have health insurance and paid sick leave, but those benefits are not designed to cover a serious work injury. When you call our Baton Rouge law office, we will explain your rights and take steps to ensure that your rights are protected. They are not your friend in this situation. Remember that your employer’s concern is saving money and avoiding the consequences of an unsafe workplace. If you are being pressured to keep your work-related injury quiet, you owe it to yourself to consult with a workers’ comp attorney. Fear of losing their jobs, promises of rewards for not reporting, and encouragement to “just use your health insurance” are often cited as reasons employees do not report their work-related injuries. The study found that instances of intimidation and harassment of injured workers were widespread and that workers were often pressured into returning to work too soon after suffering a serious injury to avoid having to report the injury. Congressional study conducted in 2008 found that as many as 69 percent of workplace injuries and illnesses are not properly reported and therefore do not make it into federal statistics. In Baton Rouge and South Louisiana, the work injury attorneys at Bianca | Matkins can be your advocate. If you are being discouraged from reporting a work injury by a manager or supervisor, you may need the help of a lawyer. ![]() Regardless of the company’s losses, however, injured workers are entitled to compensation under the law, and it is illegal for an employer to pressure them to not report the injury. When an employee is unable to work because of an injury, the company may have to hire a temporary worker or lose productivity. Not only are work injuries supposed to be reported to federal authorities, which makes the company look bad, but claims on a company’s workers’ compensation coverage can cause their premiums to go up, costing them money. When an employee is injured at work, it hurts the company. ![]()
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