What do you do when a serious injury or death occurs at work?

Employers have a responsibility to provide a safe and healthful workplace that is free from serious recognized hazards. https://www.osha.gov/Publications/osha3021.pdf

Despite an employer’s policies and procedures to prevent injury, serious injury or death can occur at the employer’s worksite.  What do you do when a serious injury or death occurs at work?

Goal:

1. Reduce the impact of a serious injury to the injured employee and co-workers and witnesses

2. Manage and reduce the cost of the claim

3. Comply with legal requirements

Preparation:

1. Develop a written injury emergency plan with your Safety Committee

2. Identify and train your emergency first responders. (First Aid, CPR, AED)

3. Train managers and supervisors to recognize emergency situations and call 911

Post Injury:

1. Notify the injured employee’s family or emergency contact on file

2. Call Cal-OSHA within 8 hours if the injury is “serious” or results in death

   • Use the Cal-OSHA office locator to find your local office: http://www.dir.ca.gov/dosh/DistrictOffices.htm   

   • Comply with Assembly Bill 1804 & 1805. For more information, watch our AB 1804 & AB 1805: www.esminsite.com/blog/ab1804-ab1805-cal-osha-reporting-changes

3. Meet with and talk to co-workers and staff

4. Call your Workers’ Comp insurance carrier to report the injury

Next Steps:   Begin your investigation:

1. Secure the area to prevent further exposure, if necessary

2. Were there other employees who witnessed the accident and need assistance with counseling?

3. Contact the EAP provider, medical provider, sheriff’s department, or carrier for assistance

4. Ask your Workers’ Comp carrier what resources they can offer

   • Field Nurse, investigator, senior catastrophic adjuster

5. Complete a thorough accident investigation (ask your Workers’ Compensation carrier to assist and participate)

6. Was someone else (not a co-worker) at fault?

7. Take photos and preserve any potential subrogation evidence

8. Minimize potential for a Serious and Willful citation by obtaining witness statements (your Workers’ Compensation carrier can assist with this)

9. Prepare for a Cal-OSHA visit. Begin to gather related policies, procedures and training documentation provide to the injured employee

10. Commence disciplinary action if your investigation reveals breach of safety policies

If the injury results in death, contact Cal-OSHA immediately. Any death, even a heart attack, that occurs on the employer premises must be reported to Cal-OSHA.

1. Work cooperatively with your insurance carrier to confirm marital status and dependents

2. The California Non-dependent Death Unit aggressively pursues full value death benefits to be paid to the State, if there are no dependents.  

DEATH BENEFITS:

Based on number of dependents. Paid at the weekly Temporary Disability rate, with a minimum of $224/ week, until youngest dependent reaches the age of 18.

• Maximum: On or after 1/1/06 = $320,000, or more if minor or disabled children

• Burial Benefits: Up to $10,000.

 A serious injury or death is a devastating and disruptive event for an employer. Prevention is the key. But having a plan in place in preparation for this unlikely event will ensure prompt care for the injured employee and reduce the cost and exposure to Cal-OSHA citations.