b'ary \' sCornerAft ~ ~ ~ - - - o \\-=More Effects ofInjuries on On-the-Job Employers By Gary Auman, MRCA Legal Counsel This is the second installment onOSHA the potential impact of on-the-jobOf course, following any indusinjuries to an employer. In thetrial accid t, an OSHA inspection firstenarticle, I discussed workers\' com ispossible.WhetheranOSHA pensation. As you willsee by theinspection willoccurdependson following material, the exposure tomany factors. potentialadditionalliabilityIfhave the misfortune to suf-you expands beyond workers\' compen fer aicof injury (one catastroph type sation. As the number of additionalinvolving aor the hospitalfatality Ifhave theliabilities increase, you can begin toization of three or more employees), you seetheneedtotakeon-the-jobyoumu self-reporttheaccident misfortune to suffer ast safety and accident prevention veryandinjuries within eight hoursof catastrophic type ofseriously.the occurrence. Incases, if a other certain to suffer an injury because ofserious accident occurs media covone involvingOSHA injury (Intentional Tortsthe work performed and the lack oferage may lead to a follow-up aor theWorkers\'Compensationhassafetyprotection.Inmanystates,inspection. If youthe misforfatalityhave always been intended to provide anafter this concept has been estab tune to have your accident reported hospitalization ofexclusive remedy to employees forlishedthroughdecisionsintheonradioortelevision,orbythe three or moreon-the-jobinjuries.Moststatecourts,thelegislaturehaslocal newspaper, you stand a relr""statutes contain language that indi attempted to codify the concept.lively good c of being visit~u ./ hance employees), you mustcatesthat anemployer who com Becauseintentionaltortsareby an OSHA compliance officer. pwiththelawsr u issues decided before a jury, vari You also n to be aware that in lieseq iringeed self-report theworkers\' compensation coverage isoustypesofdamagesmaybesome locations, if you have to call accident and injuriesimmune from any other legal actionawarded,dependingoneither thean emergency squad to your facility that may arise out of the employee\'scase law or the statutory law inorjob site, thismay generate an each within eight hours ofinjury.state. A , depending on the lawsOSHAin tion.Insomelocalso specthe occurrence.few Ou ite astates have reexam in each state, damages sought cantions, the fire department or emerined this concept over the last sev be unlimited or may be controlledgency medical services un will itcall eralyears.Somestateshaveby statute.OSHA at thetime that they same determined that while an employeeCaution should be exercised bysendtheunittoyourlocation. comes to work with the knowledgeanemployerwhenfacedbyanFinally, an OSHA inspection can be thataccidentsandinjuriesmayintentionaltortlawsuit.Insomegeneratedbecausetheemp oyee I occuronthejob,noemployeestates, insurance against the inten who wasinjured,his u reprenion comes to the job with the belief thattionaltortriskisavailabletosentative, or even aemployee fellow his or her employer will intention employers.Youshould determinewho feels aggrieved by the accident ally try to harm them. This philoso whetherintentionaltortsareanandresultinginjuries,maycall phy has resulted inconcept ofavailable cause of action to injuredOSHA. Although such a thecomplaint intentional torts.workers in your state or aincan arise und almost any factual stateer Typically,intentionaltortshavewhich youhaveemployeeswork circu you are more likely mstances, theirgenesiswithfactsituationsing,andthendeterminewhetherto experience an inspection arising where an employer blatantly disre you can obtain insurancefrom such aif the injuries coveragecomplaint gardssafetyprecautionsforanfor such cause of action. If you areor accident are serious. employee or requires the employeeable to obtain one, read your insurto perform work in spite of the lackance policy carefully to understandContinued on page 7 of safety protection, with knowledgethe types of coverage and the limits that theemployeeis substantiallyof coverage that you have obtained.'