Chapter 3 Safet Notes
Coen Snoddy
Workers compensation is considered “no-fault” Insurance.
Common law is a body of unwritten laws based on judicial decisions of the past as
opposed to statutory law that is prepared and enacted by legislative bodies.
The assumption of risk, contributory negligence, and the fellow-servant rule were the
three common defenses that were eliminated after each state enacted workers'
compensation laws.
To collect compensation, employees had to waive their rights to sue.
Injuries are categorized as follows: Partial, when the employee can still work but cannot
perform all job duties due to the injury, as is often the case with a broken finger or a
severed toe. Total, when the employee cannot work or perform substantial duties on the
job, as is often the case with severe back injury or blindness. Temporary, when the
employee is expected to recover fully, as is the case with a broken limb or a sprain.
Finally, permanent, when the employee will suffer the effects of the injury for life, as is
the case with a severed limb, blindness, or permanent hearing loss.
If an employee is injured during a work assignment outside the state of where employed
he or she is still eligible to collect benefits.
Workers compensation premium, or the amounts paid for the insurance are expressed in
dollars per $100 of payroll for companies in a given category or classification.]
Manual premium= Payroll/100 x Rate (based on the individual workers' compensation
classification code as determined by the insurer)
Standard premium= manual premium x experience modifier
Injury and illness recording is a requirement under law (29 CFR 1904). The information
maintained on forms OSHA 300, 300a, and 301 can be used to the advantage of the
safety professional to:
● Reveal which operations are most hazardous
● Determine weaknesses in the safety and health program
● Judge the effectiveness of the program by comparing it with past records or
records of similar plans.
● Aid in accident analysis and investigation
● Identify the causes of occupational diseases by relating them to particular
exposures, processes, or both
● Satisfy legal and insurance requirements.
Employers with 11 or more employees are subject to OSHA record-keeping
requirements.
Employers are required by the rule to keep injury and illness records on three forms: the
OSHA 300 Log of Work-Related Injuries and Illnesses, the annual OSHA 300A
Summary of Work-Related Injuries and Illnesses, and the OSHA 301 Injury and Illness
Report.
Any work-related injuries and illnesses that result in one or more of the following must
be recorded:
● Death
● Days away from work
● Restricted work
● Transfer to another job
● Medical Treatment beyond first aid
● Loss of consciousness
● Diagnosis of a significant injury or illness
Any in-patient hospitalizations, amputations, or eye loss must be reported within 24
hours.
If a case is only considered first aid, it does not have to be recorded.
If an on-the-job accident occurs, resulting in the death of an employee, the employer is
required to report the accident in detail within 8 hours.
