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Injured on the job
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<blockquote data-quote="35years" data-source="post: 2144648" data-attributes="member: 60822"><p>You are correct that a lost time injury is reported to OSHA. I said they may be hiding his <strong>work-comp</strong> injury because the OP had some confusion over if this was a work-comp (work related) injury or a disability claim (non work related). My particular State has mandatory reporting requirements (to the State Dept of Labor Workers Comp devision) for all compensatable work related injuries/illnesses. The OP would be eligible to receive workers compensation for the overtime he has lost, along with compensation for travel to and from his doctor etc. even though he is working TAW. So UPS would be obligated to report the injury to State dept of Labor workers Comp division.</p><p></p><p>The injury is likely still an OSHA reportable injury, just not a lost time injury. Below is a link to the applicable statutes...</p><p><a href="https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9638" target="_blank">https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9638</a></p><p></p><p>In particular...</p><p><strong><a href="https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1904_0007&src_anchor_name=1904.7(a)" target="_blank">1904.7(a)</a><em>Basic requirement.</em></strong> You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, <span style="color: #b30000"><strong>restricted work</strong></span> or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.</p><p><strong><a href="https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1904_0007&src_anchor_name=1904.7(b)(4)" target="_blank">1904.7(b)(4)</a><em>How do I record a work-related injury or illness that results in restricted work or job transfer?</em></strong> When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column.</p><p></p><p><strong><a href="https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1904_0007&src_anchor_name=1904.7(b)(4)(iv)" target="_blank">1904.7(b)(4)(iv)</a><em>If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a "restricted work" case?</em></strong>No, a recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or other licensed health care professional keeps the employee from performing one or more of his or her routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and you must record the case.</p></blockquote><p></p>
[QUOTE="35years, post: 2144648, member: 60822"] You are correct that a lost time injury is reported to OSHA. I said they may be hiding his [B]work-comp[/B] injury because the OP had some confusion over if this was a work-comp (work related) injury or a disability claim (non work related). My particular State has mandatory reporting requirements (to the State Dept of Labor Workers Comp devision) for all compensatable work related injuries/illnesses. The OP would be eligible to receive workers compensation for the overtime he has lost, along with compensation for travel to and from his doctor etc. even though he is working TAW. So UPS would be obligated to report the injury to State dept of Labor workers Comp division. The injury is likely still an OSHA reportable injury, just not a lost time injury. Below is a link to the applicable statutes... [URL]https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9638[/URL] In particular... [B][URL='https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1904_0007&src_anchor_name=1904.7(a)']1904.7(a)[/URL][I]Basic requirement.[/I][/B] You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, [COLOR=#b30000][B]restricted work[/B][/COLOR] or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. [B][URL='https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1904_0007&src_anchor_name=1904.7(b)(4)']1904.7(b)(4)[/URL][I]How do I record a work-related injury or illness that results in restricted work or job transfer?[/I][/B] When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column. [B][URL='https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1904_0007&src_anchor_name=1904.7(b)(4)(iv)']1904.7(b)(4)(iv)[/URL][I]If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a "restricted work" case?[/I][/B]No, a recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or other licensed health care professional keeps the employee from performing one or more of his or her routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and you must record the case. [/QUOTE]
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