If your employee is injured on the job, you are going to need to respond appropriately by having them seek medical help, securing the workplace, documenting the incident, reporting the incident to the appropriate authorities, and cooperating with your employee’s compensation claim. Steps 1, 2, and 3 below should be taken nearly simultaneously.
Step 1: Secure the Area
Move any employees, whether or not they are injured, out of harm’s way. An equipment malfunction, for example, could result in consecutive injuries if care is not taken. To the best of your ability, determine the cause of the accident on the spot, so that you can keep everyone else out of danger.
Step 2: Provide First Aid to the Employee
You should have a first aid kit on site. Use it to treat the employee, but be careful not to do anything to exacerbate his injuries. Use gloves whenever you are handling blood.
Step 3: Get Medical Help
Depending on the seriousness of the injury, you may need to call 911. Do not delay if you even suspect that the injury is serious, and err on the side of caution. Failure to promptly seek medical attention when it is required could subject you to significant civil liability.
Step 4: Investigate the Accident
Determine the cause of the accident and the nature of the employee’s injuries, and create a written record for your files. Take photographs of the scene of the accident, and keep any physical evidence (malfunctioning equipment, for example). Have the injured employee write out a statement describing the accident, and keep the statement in your records.
Step 5: Notify OSHA
You are required by law to notify the district office of the US Department of Occupational Safety and Health Administration (OSHA) as soon as an accident occurs. Even a minor injury must be reported. Notification by telephone will be sufficient unless OSHA requires more, and the district office takes calls 24/7.
Cooperate with the Employee’s Workers’ Compensation Claim, If Any
You are required by law to provide your employee with a workers’ compensation claim form if he requests one. If the injury requires medical treatment beyond first aid or will involve an absence from work past the date of the accident, you must also report the incident to your workers’ compensation insurance carrier and fill out the Employer’s Report of Accident form within five days of learning of the accident.
Keep yourself informed about the progress of the claim by communicating frequently with the injured employee, the doctor, the insurance agent, and the claims adjuster.
Take Decisive Action
After an employee is injured on the job, the situation can evolve quickly. It is for this reason that it is in your best interest to seek skilled and experienced legal counsel immediately. Contact CKB Vienna by calling us directly or by contacting us online. We will be happy to answer your questions and evaluate your case.
We maintain offices in Rancho Cucamonga, Riverside, and Los Angeles.