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Employer obligations regarding workplace accidents

In California and all other states, employers are obligated to provide proper job training to their workers, as well as to make every effort possible to keep employees safe on the job. Workplace accidents seem to occur more frequently in certain types of industries than others. However, regardless of what type of job is being done when an on-the-job accident occurs, an employer has certain obligations and responsibilities to fulfill after the fact.

In 2012, the Occupational Safety and Health Administration's proposal that employers be obligated to record all injuries and illnesses suffered by their workers on the job and maintain those records for five years was rejected by a circuit court. A newly amended rule was recently announced. The new clarifications are said to merely reiterate the standards that have been in place for the past four decades.

It was noted that appropriate recording of injuries and illnesses plays a vital role in the workplace. Such records are needed to verify an injury or review details of a particular situation when a worker files a claim to collect compensation benefits. Without diligent record-keeping practices on the part of an employer, the benefit claims process can be all the more complicated.

Workers in need of benefits after workplace accidents who have had their claims denied by employers or insurance agencies may need to retain counsel in order to obtain justice. There are very specific laws governing such matters in California and elsewhere. An injured worker should not have to worry about poorly kept records or insurance agents acting in bad faith when he or she is in dire need of benefits to help make ends meet during recovery.

Source: powderbuldksolids.com, "OSHA to Issue Rule Clarifying Workplace Injury Reporting", Dec. 16, 2016

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