Legal disputes, denied claims or compliance issues can be stressful enough. How well you document workplace incidents is the key to protect your team as well as your business, whether you manage a small or large business.
This article will help you to understand the steps that employers must take in order to properly document workplace injuries. It will also help you support your employees, stay compliant with laws and reduce the risk of costly claims disputes.
Why Proper Injury Documentation Is Non-Negotiable
Documentation should always be your first step when an employee reports a workplace injury. Here’s why:
- Insurance companies need to see clear and timely evidence in order to validate a claim for workers’ compensation.
- OSHA and state laws and other regulations require that accurate records be kept of workplace illnesses and injuries.
- In the event of litigation, documentation may be examined by the court.
- Accurate records prevent fraudulent claims that can increase premiums and harm your business financially.
Documenting incorrectly can lead to delays in approvals of claims, denials of benefits, fines or even litigation.
Step 1: Start Documenting Immediately
The timing is crucial. Start gathering information as soon as you are informed about a workplace accident. If you wait too long, it may be difficult to verify details or you could miss the deadlines set by your state.
In an ideal world, documentation should start as soon as possible after the incident. Delays can raise red flags for insurance companies, but they also leave room for misinformation or memory lapses.
Step 2: Complete An Incident Report
Every business should have an incident reporting form that can be accessed by HR or managers easily. This form should include:
- The full name, department, and position of the injured employee
- When and where the injury happened
- The employee’s description of the incident
- Location of the incident
- Any tools, equipment or conditions involved (e.g. wet floor, malfunctioning machines)
- The injury description should include the affected body parts and severity.
- Actions taken immediately following the incident (first aid,hospital visits, etc.)
- Names and contact information of any witnesses.
- Signatures of both the employee as well as the supervisor
This form is part of your official records for your insurance company, legal team if necessary and OSHA if applicable.
Step 3: Collect Photographic And Visual Evidence
Videos and photos can be very useful in verifying the injuries. Document the injury if it is safe to do so.
- Accident scene
- Hazards that may be present (e.g. a loose cable, a slick surface).
- Employees’ injuries with their consent
- Any equipment involved in the incident
Visual records can help to paint a more accurate picture of the events and serve as neutral proof if there is a dispute later.
Step 4: Record Witness Statements
You can validate your claim by the testimony of people who witnessed the event. Talk to witnesses as soon as possible, while they are still fresh in their memories.
Have each witness write down or verbally dictate what they saw. Include the date and time of their statements, as well as any follow-up questions. Keep their contact details on file. Make sure the tone is factual and not opinion-based.
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Step 5: Report your Injury To Your Insurance Company
Each state has a time limit for reporting workplace accidents to your workers’ compensation carrier. The majority of states require that this be done within 3 to 7 business days after the incident.
It’s likely that you will be asked to submit a First Report of Injury (FROI), which includes:
- Employer and employee details
- Information on wages and jobs
- Description of the injury and how it occured
- Initial medical treatment details
Late reporting can lead to delays in benefits for the employee and potential fines for the employer.
Step 6: File With Occupational Safety And Health Administration (OSHA), If Required
You may need to also report the incident to OSHA, depending on the severity of the injury and your company’s size.
If the incident causes:
- A fatality (within 8 hours)
- Hospitalization, amputation or loss of eye (within the next 24 hours)
Employers with 10 or more workers are also required to record injuries on an OSHA 300 log, even if the injury does not need to be reported immediately.
Step 7: Maintain a clear communication record
Record all communications relating to the injury, such as:
- Conversation with the injured employee
- Discussion with the workers’ compensation insurance adjuster
- Emails and notes from healthcare providers
- Updates and offers related to return-to-work options
This document serves as a timeline, and ensures that all parties stay aligned regarding the progress of the case.
Keep Medical And Injury Records Safe
Collect all documents provided by the employee once they begin medical treatment. This includes documentation of doctor’s notes and referrals, physical therapy schedules and letters of clearance for returning to the workplace.
Store this information separate from other HR records in order to maintain employee privacy, and comply with Health Insurance Portability and Accountability Act (HIPAA) regulations.
Common Mistakes That Lead To Disputes
Many claims become problematic because of simple but serious documentation errors. Here are mistakes to avoid:
- Delaying initial reporting or insurance notification
- Failing to get the employee’s account of what happened
- Skipping witness interviews and statements
- Leaving out photos or other visual documentation
- Mixing of confidential medical files with HR files
- Reporting incidents in vague or inconsistent terms
By being thorough and consistent in your processes, you can reduce confusion, pushback and litigation.
Best Practices For Storing And Accessing Injury Records
All documentation relating to injuries should:
- Digitally backed-up and time-stamped
- Filed on a secure platform (such as a cloud-based HR system or insurance portal)
- Keep for at least 5 years or longer, if required by state or industry regulations
Only authorized personnel should be able to access injury-related records. These records should also be audited regularly for completeness.
Final Thoughts: Documentation Is Your First Defense
A well-documented injury report not only protects your employees but also protects your business from unnecessary claims costs, legal battles, and compliance violations.. Documentation is not red tape, but your best defense in the event of an unexpected incident.
Keen Coverage works with companies across industries in order to secure the best workers’ compensation insurance policies, as well as help them set up internal processes such as claim management, incident response and compliance.
Need assistance preparing a state-specific reporting guide or documentation checklist? Contact us today.