To Report of Not to Report?

By Greg Summerhays

It's typically not difficult to decide which injuries and illnesses to report to Workers Compensation Fund and the Utah Labor Commission. But when it comes to minor injuries that require only first aid, you may encounter some reporting doubts.

These injuries can also bring up questions about OSHA record keeping standards. Under Utah law, employers are required to report work-related injuries and illnesses that result in death, loss of consciousness, loss of work, work restrictions, job transfers or medical treatment. The law also requires physicians and other healthcare providers to file a report with the Labor Commission for any injured worker they are treating.

However, the law does include exceptions for minor injuries that require only first-aid treatment.

Here's an easy way to determine if an injury requires only first-aid treatment: consider who provides the care. If a non-medical person provides the care and the injury doesn't pose a future complication, it’s considered first aid and doesn't need to be reported. This is also the case if a free company clinic staffed by a physician or other licensed healthcare professional provides the care. Exception: If a physician or healthcare provider files a report with WCF or the Labor Commission, or generates a bill for services rendered-even when the treatment is considered only first aid-you must report the injury.

When to Report Injuries to WCF:
If an injury doesn't meet the definition of first aid or a healthcare provider charges the employer for the treatment, a claim must be filed with WCF. Report the injury as soon as you can-especially if it is serious. Also report any injury that may be a first-aid claim if there are any questions or lingering doubts about its status. A claim will establish a record for future reference in case an employee needs additional treatment or other benefits.

When to Report Injuries to the Labor Commission:
Serious accidents including heart attacks, amputations, hospitalizations for heat or chemical burns or electric shock, major bone fractures, any injury involving unconsciousness, and fatalities must be reported to Utah Occupational Safety & Heath (UOSH is a division of the Utah Labor Commission). All other injuries and illnesses, excluding first aid injuries, must be reported within seven days of the accident, the employer's knowledge of it or the employee's notification of it. Keep in mind: if you file with WCF, it will be submitted to the Labor Commission for you.

OSHA 300 Form
Because Utah complies with Federal OSHA standards, most employers must maintain an OSHA Form 300, also called an OSHA Log. (Should you have questions if you should maintain the form, check with UOSH.) This record keeping standard is a bit different from the reporting requirements of the Labor Commission and WCF. For record keeping purposes, any illness or injury that results in medical treatment beyond first aid must be recorded on the form.

Medical treatment does NOT include:
- First aid
- Visits to a physician or other licensed healthcare professional solely for observation or counseling
- Diagnostic procedures, such as x-rays, blood tests and the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils)
Injuries or illnesses that fall under the above three conditions do not need to be recorded on the OSHA Form 300.

If you have questions about whether an injury or illness should be reported to WCF, contact the WCF claims department: 800.446.2667, x 8176

Greg Summerhays is Director of Public Relations at Workers Compensation Fund. WCF offers ongoing safety training and UMA members are eligible for a 5% premium discount through a partnership with WCF. Visit www.wcfgroup.com for more information.