WORKERS’ COMPENSATION RECORDKEEPING

Businesses are required to keep two types of workers’ compensation (WC) records. The first is required by approved State Occupational Safety and Health Administration (OSHA) agencies and federal OSHA. The second is required by your WC insurance carrier. The details of both records are explained below.

OSHA Recordkeeping, 29 CFR 1904

State and federal OSHA require the following instances be entered on the OSHA 300 Log:

Any injury or illness that involves treatment greater than first aid
Any injury or illness that results in lost time
Any injury or illness that requires modified duty/work restrictions
Sharps injuries or blood and body fluid exposure (maintained in a confidential manner)
Any injury or illness that results in permanent impairment
Death from a work-related cause (you must also notify OSHA via phone in this instance)

NOTE: Other illnesses and injuries should not be recorded on the OSHA 300 Log.

OSHA now requires records to be submitted electronically, but some businesses are exempt from this requirement. Check OSHA.gov/Recordkeeping to determine the requirement for your business.

At the end of each calendar year, OSHA requires the accident and injury log to be summarized and posted in a central location within the workplace using OSHA form 300A. The posted summary must remain in place from February through April.

Insurance Recordkeeping
Insurance carriers generally require all events, including near misses, be reported to them. This ensures OSHA’s timeline for reporting injuries and illnesses is met. Late reporting can jeopardize an employee’s WC benefits. Furthermore, it can cast a shadow of doubt on a claim’s work-relatedness. If a claim involving only first aid is reported to the insurance carrier at the time of injury, but later worsens and requires treatment, the original date of the report of injury is used and ensures timely reporting.

Be Mindful About Your Records

It is very important to understand the difference in these reporting requirements. Recording every injury and near miss—even those that are not recordable under the law—on the OSHA 300 Log contributes to a higher injury rate. High injury rates prompt OSHA inspections, and inspections can result in fines.

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Commercial Auto

Around the P&C Insurance Industry: November 20, 2024

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COVID-19

Live Event Insurance: Navigating New Risks in a Post-Pandemic World

The surge in live events after COVID-19 has brought a new wave of challenges for venues. Whether hosting concerts, sports games, or festivals, ensuring adequate insurance coverage has become critical for managing increasing risks. Venue owners and operators must reevaluate their general liability and other insurance policies to safeguard against potential liabilities. The Risks Facing Entertainment Venues Imagine hosting a packed concert where pyrotechnics go awry or a brawl breaks out. These incidents can lead to lawsuits, legal fees, and insurance claims that could devastate your business if not adequately prepared. Proper coverage and legal risk management are the backbone of every successful venue. Tools for Managing Liability: Exculpatory Language To mitigate risks, venues often employ exculpatory language, such as disclaimers on tickets or websites. In New York, for example, these clauses can limit a venue’s liability for certain incidents, excluding cases of gross negligence. However, courts mandate that such language must be clear, bold, and conspicuous to be enforceable. Online ticket purchases further enhance risk management through clickwrap agreements. These agreements require customers to actively confirm their understanding of terms, adding another layer of legal protection. Understanding Assumption of Risk For recreational activities like concerts or sporting events, the doctrine of primary assumption of risk is another legal shield. It protects venues when attendees willingly accept inherent risks of the activity, such as injuries from a mosh pit. However, it does not cover negligence in venue maintenance or security lapses. Maximizing Insurance Coverage Given the complexities of live event liability, venue owners must ensure their insurance policies address all potential scenarios. Key steps include: Compliance and Risk Mitigation Under New York Insurance Law § 3420(d)(2), insurers are required to respond promptly to liability claims. Delays can result in waived defenses, placing greater responsibility on the insurer. Staying compliant with such laws is essential for efficient risk management. Preparing for the Unexpected The post-pandemic resurgence of live events highlights the importance of a robust risk management strategy. Regularly updating exculpatory language, reviewing contracts, and optimizing insurance coverage ensures venues are well-prepared to handle unforeseen challenges. At Skyscraper Insurance, we specialize in tailoring comprehensive insurance solutions for entertainment venues. From general liability to vendor contracts, our team can help you set the stage for success while managing risks effectively. Contact us today to learn more about protecting your venue and your business.

WORKERS’ COMPENSATION RECORDKEEPING