Disability Law

Are On-The-Job Injuries Being Underreported?

By David A. McCranie, Esq.

The U.S. House of Representatives Committee on Education and Labor is investigating that question.  And in a majority staff report entitled Hidden Tragedy: Underreporting of Workplace Injuries and Illnesses, the committee answered the question in the affirmative.  Why are they being underreported?  Because, according to the report:

• Certain categories of workers, accounting for a significant portion of the workforce,are excluded from the survey.
• Occupational illnesses are particularly difficult to identify as work-related.
• Immigrants are less likely to report workplace injuries and illnesses.
• Workers are often reluctant to apply for workers’ compensation.
• The musculoskeletal disorder column has been taken off of the OSHA 300 Log.
• Some workers and employers do not understand the reporting system.
• Employers have an incentive to underreport.

What incentives do employers have to underreport?

• Low injury and illness rates decrease the chance of being inspected by OSHA
• Low numbers of injuries and illnesses decrease workers' compensation expenses.
• Low injury and illness rates can earn businesses bonuses and incentives
• Low injury and illness numbers look good to the public and to customers

What methods do employers use to discourage reporting?

• Direct intimidation of workers.
• Bringing seriously injured workers right back to work.
• Discouraging appropriate medical attention.
• Discouraging physicians from reporting injuries or diagnosing illnesses.
• "No fault" absentee policies.
• Safety incentive programs and games.
• Manager incentives and bonuses
• Drug testing after every accident or injury.
• Contractors and contracting out dangerous work
• Missclassification of workers.

These hearings were apparently prompted by The Charlotte Observer's six-part series entitled "The Cruelest Cuts," an indictment of North Carolina's poultry industry.  The PBS program Expose also covered the story in a report entitled "20,000 Cuts a Day." 

Full post as published by Florida Workers’ Compensation Law Blog on June 30, 2008 (boomark / email).