If you have work related injury involving muscle strain, and your workers comp insurance denies the claim, do you still report it as a work injury on your OSHA 300 Log?
Answer by chechk
Go to www.osha.gov and follow the information in 1904.4. To get there click on the top tab that says "Regulations" then the center tab that says "Recordkeeping." There you can find all you need to know on OSHA Recordkeeping. It may be recordable even if insurance denies the claim.
• Part Number: 1904
• Part Title: Recording and Reporting Occupational Injuries and Illness
• Subpart: C
• Subpart Title: Recordkeeping Forms and Recording Criteria
• Standard Number: 1904.4
• Title: Recording criteria.
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Note to Subpart C: This Subpart describes the work-related injuries and illnesses that an employer must enter into the OSHA records and explains the OSHA forms that employers must use to record work-related fatalities, injuries, and illnesses.
1904.4(a)
Basic requirement. Each employer required by this Part to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that:
1904.4(a)(1)
Is work-related; and
1904.4(a)(2)
Is a new case; and
1904.4(a)(3)
Meets one or more of the general recording criteria of § 1904.7 or the application to specific cases of § 1904.8 through § 1904.12.
1904.4(b)
Implementation.
1904.4(b)(1)
What sections of this rule describe recording criteria for recording work-related injuries and illnesses? The table below indicates which sections of the rule address each topic.
1904.4(b)(1)(i)
Determination of work-relatedness. See § 1904.5.
1904.4(b)(1)(ii)
Determination of a new case. See § 1904.6.
1904.4(b)(1)(iii)
General recording criteria. See § 1904.7.
1904.4(b)(1)(iv)
Additional criteria. (Needlestick and sharps injury cases, tuberculosis cases, hearing loss cases, medical removal cases, and musculoskeletal disorder cases). See § 1904.8 through § 1904.12.
1904.4(b)(2)
How do I decide whether a particular injury or illness is recordable? The decision tree for recording work-related injuries and illnesses below shows the steps involved in making this determination.
[37 FR 736, Jan. 18, 1972, as amended at 47 FR 145, Jan. 5, 1982; 62 FR 44552, Aug. 22, 1997; 66 FR 6123, Jan. 19, 2001]
Know better? Leave your own answer in the comments!
Orignal From: OSHA 300 LOG: Report injury if WC insurance denies?
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