[confused1960]

Is there a law that an accident report must be filled out when someone falls at work? Three people have fallen in my workplace now in the last 5 months because of water or soup on floor (I work in a restaurant). The one girl hit her head pretty hard but employer says he does not make out accident reports because he does not have the insurance.

[CaptainForest]

Where do you live?

Here in Ontario, all employers MUST have insurance through WSIB (Workplace Safety and Insurance Board).

Where do you live?

[Fr_Chuck]

YOu did not state where you are at, Iraq? Mexico? The USA?

I will say first each state has its own regulations that change almost monthy as to health and safety issues. There should be state approved hour and wage posters along with a workers comp poster on the wall in your work place. These normally state requirements for an accident.

In general, ( very general) unless there is a reportable INJURY not accident there is no need for a report. And in some areas this injury would be one that required medical treatment beyond a band aid or a over the counter pain pill.

Now a lot of businesses want you to report any accident and tell employees to do so.

As for as insurance, in the US, a business is not required to have workers comp though an insurance company, but if they don't they are still legally liable but have to pay the bills for any injury. So if this girl had asked to go to the doctor or hospital, they would have to let her go and they would have had to pay the bill.

Also an employee can always contact the workers comp board of their state and file an accident report directly with them if there is an reportable injury ( requireing medical attention)

So basically if an employee gets hurt, and the employor does not have insurance and will not pay the hospital bill, they file a claim with the workers comp board, they have a hearing and normally order him ( court order) to pay the bill.

Of course the real risk is a major accident, lets say they loose an arm, or a grease fire burns 80 percent of their body and there is 200,00 dollars in medical bills. The business goes bankrupt since they can't pay and no one pays the medical bills, leaving the person in the hospital with all the bills since the business can't pay and goes broke. It happens every year.

[excon]

Hello confused:

An accident report to who? The cops? The insurance agency? Some government bureau?

No, filing an accident report is not a legal requirement. If may be an INSURANCE requirement, but not legal.

He says he doesn't have insurance?? I'll bet he's paying workmans comp for coverage. But if he has no other liability insurance, he's a fool. I'll bet he has insurance. You just don't know about it.

However, if he doesn't have insurance, and someone is injured, you might be working for injured guy next week.

excon

[Fr_Chuck]

Yes what excon said is very true. Many employors do carry workers comp insurance but they don't want you to file any claims, esp ones where no one is actually hurt. The more claims, the higher their rates for insurance.

Now in some states there is a legal rquirement to have posted who your insurance carier is on the wall (of if you are self insuranced) It also has to list which doctors you are allowed to go to and the reporting procedure.

TN is one of those states, any business that has 5 or more employees have to post the sign, right on the wall in my office. It has to list what doctor to go see and what hospital to go to. ** In TN the employor is allowed to tell the employee what doctor they can or can't use in workers injury. Some states allow the employee to go to the doctor of their choice. We also have to post it in Spanish ( no one speaks spanish at our office but we still have to have it posted in spanish)

[fredg]

Hi, Confused,
What state do you work in?
Please post back.