The Importance of Reporting Workplace Injuries

workplace injury incident report formThere are some OSHA lessons to be learned and things to think about from the recent Third Department case in Silvestri v. New York City Transit Authority, 2017 N.Y Slip Op 06123 (August 10, 2017). In Silvestri, the Third Department affirmed a decision by the Workers’ Compensation Board that the widow of a deceased employee working at the Transit Authority was entitled to benefits because there was substantial evidence that the decedent’s injuries and ensuing death were attributable to an accident that arose out of and in the course of his employment.

The problem was that there were no witnesses to the accident and the employee did not report it. Instead, he went home and told his wife that he had fallen off a ladder and into the “pit” at work. The decedent went to the hospital and was diagnosed with fractured ribs, was given painkillers and sent home. Three days later he went back to the hospital and was diagnosed with a ruptured spleen and a punctured lung and was admitted but died the next day following complications from “blunt impact injuries.”

The court found that testimony of a supervisor that he had witnessed the decedent holding his stomach and indicating that he was not feeling well the day after the accident combined with the declarations of the deceased employee to his wife concerning the accident presented sufficient evidence that the accident occurred in the course of employment. (more…)

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Electronic Submission of Records Delayed

Not surprisingly and as anticipated in our last blog, OSHA’s website was recently revised to note that OSHA is not currently accepting electronic submission of injury and illness logs and that it will extend the July 1, 2017 deadline by which certain employers are required to electronically submit such records.

We will continue to provide updates on the new recordkeeping rule as they emerge.

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