It's Necessary To Report Injuries In The Workplace
Recently, the State requested an explanation from a company that manufactures plastic
about why it did not report workplace injuries to the State's Workers' Compensation Board, which could result in their being fined upwards of $52,500.An investigation revealed a pattern of injuries not being reported on a timely basis. There is a ten day limit from the time an accident takes place in which it must be reported, as determined by law.
The company was compelled to prove that they complied with the law by reporting the injuries to the Workers' Compensation Board within the legal time frame.
However, it is expected that the state's inquiry into the case will show that injuries from even a year ago were never revealed to the board. This is an unprecedented case.
Attorneys for the state were confident in what their research apparently revealed-that no precedent existed for such a case of a company being penalized for failing to report workplace injuries (since a law passed in 1944 allowed such action to be taken).
Even one of the manufacturer's lawyers searched for any other case like this and couldn't find one. Workers' Compensation law is actually this attorney's area of expertise.
Members sitting on the company board have reserved their right to remain quiet regarding the allegations, offering no statements. Company Human Resources Management has stated, however, that they were confident that the hearing would bring closure to the situation and resolve the issue. It will be an opportunity for all of the issues to be discussed in detail, as well as the chance for the information provided to be evaluated fairly.
Accusations by the unions representing the workers are that the company intentionally withheld the injury reports from both the Occupational Safety and Health Administration (OSHA) and the Workers' Compensation Board.
A large amount of employees are viewing the company's actions as an effort to save money. Companies must by law compensate injured workers for their lost time and provide for their medical expenses should a worker be kept off the job by their injury.
Attorneys representing the United Steelworkers of America reported that companies were able to avoid inspections that would have made them liable for the cost of compensating injured workers whose injuries kept them from working for as long as 30 years or more after the fact.
Sixty additional claims of non-reported injuries came forward to the Workers' Compensation Board after initial charges were levied, with some of the claims originating in 1994. The company is defending the late reportings stating that it misunderstood the law surrounding these particular injuries.
The company may be fined by Workers' Compensation for up to $2500 for each case that was not reported within the specified legal 10 days after the date of injury.
Worse yet, they may incur criminal charges for their actions. The Workers' Compensation Board sent the matter to the attorney general's criminal fraud division for consideration.
The investigation is on-going based on further accusations that more employees were injured - some losing small body parts - and the incidents were not reported.
A former employee has alleged in a $350,000 lawsuit that the firm canceled her health insurance while she was on Workers' Compensation as they at the same time were taking her payments for the premiums.
A corporate-wide investigation is being demanded by the director of the United Steelworkers of America due to the allegations that have been brought to light at this particular plant. The company reportedly owns four additional mills in both Illinois and Indiana.
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