Reporting Workplace Injuries: Why Is It Important
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 of the company revealed that the company delayed reporting approximately 21 injuries to the Board. There is a ten day limit from the time an accident takes place in which it must be reported, as determined by law.
The regulatory board in charge of workers' comp matters ordered the business to show that they had in fact reported these injuries as required by law.
The investigation, however, revealed most of these cases had yet to be reported, and that they were dated as far back as the previous year. This is an unprecedented case.
Lawyers representing the Worker's Compensation Board researched the law and discovered no records of a company ever being penalized for not reporting, or under-reporting, their job-related injuries since the option was possible under the 1944 law.
An attorney for the plastic manufacturing company was unable to find any similar cases. This counsel even specialized in this type of law.
Members sitting on the company board have reserved their right to remain quiet regarding the allegations, offering no statements. The company's human resource manager announced that they anticipate the hearing will bring closure to the charges.
They are hoping for an impartial assessment of all of the facts presented thus far, as well the chance to clarify the underlying situation.
The workers and the unions feel that these incidents need to be reported to all of the proper authorities including the federal Occupational Safety and Health Administration in addition to the Worker's Compensation Board.
Numerous people see the firm's actions as a method of beating the system in order to obtain a financial advantage. There were reports of injured workers receiving paid medical care and stipends from the business if their injuries resulted in their not being able to work.
However, as a lawyer with United Steelworkers of America pointed out, by under reporting job related injuries a company avoids triggering a full scale inspection of their business, and doesn't have to pay compensation to workers when injuries reoccur some 30 years later.
Injury reports dating as far back as 1994 were filed after these accusations were levied, totaling sixty new non-related cases. It was acknowledged that several of these cases would have been best served if filed earlier, yet other voices commented that the firm might have misunderstood the mandates.
The company could be looking at fines of up to $2,500 per incident not reported within the required timeframe if the Board finds against the company.
Criminal charges could also be pending if the company is found at fault. The division of criminal fraud in the attorney general's office was alerted to the matter by the Workers' Compensation Board.
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.
The company is presently being sued by a former employee who claims that the company discontinued her health insurance benefits while she was out on Workers' Compensation even though they continued to cash her premium payments.
The Director of the United Steelworkers of America has proposed that a full corporate investigation be conducted based upon the findings at the one plant. Four more of the plastic manufacturing plants can be found in Indiana, and Illinois.
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