Injury at the Workplace: What Employers Need to Do

We all do our best to keep our employees, our customers, and ourselves safe. But you can’t always predict what will happen — all you can do is prepare for the worst.

In 2017, there were approximately 208 million nonfatal workplace injuries and illnesses reported by private employers in the United States. That translates to 208 cases per 100 full-time equivalent (FTE) workers, according to the Bureau of Labor Statistics.

According to OSHA, 5,147 workers were killed on the job in 2017. That translates to 3.5 per 100,000 FTE workers.

Although reported cases of workplace injuries have been declining for over a decade, they are still a relatively common occurrence. If you own a business, you can be put in a very difficult position if an employee or customer becomes injured at your workplace.

What Are the Employer’s Responsibilities?

Naturally, the needs of the injured party come first. You need to ensure they are safe, that they get the care they need, and that their lives aren’t threatened. Furthermore, you need to ensure the cause of their injury doesn’t lead to more injuries.

But as an employer and a business owner, you must consider your own liability when someone suffers an injury in the workplace. A lawsuit could seriously threaten your business, whether it’s from a customer or from an employee.

For this reason, it isn’t just a good idea to obtain business liability insurance and workers’ compensation insurance. In California, it’s the law.

If someone becomes injured in your workplace, whether they are an employee or customer, you can be held responsible for medical bills, recovery of lost wages, and even rehabilitation and death benefits. If you are covered by insurance, you don’t have to pay the entirety of these costs on your own.

Common Injuries in US Workplaces

There are multiple ways an individual can become injured or ill in the workplace. In some cases, you may not be liable.

For example, if one of your employees contracts a cold, there’s no reasonable way for them to claim this as a workplace injury.

However, there are some workplace injuries that you must cover which you may not be aware of. Certain mental health issues and other non-specific injuries that are brought on specifically by work may fall under the purview of your workers’ comp insurance.

For example, according to the Insurance Journal, “overexertion” was the leading cause of workplace injury in 2018. In a study of workplace safety, it was revealed that overexertion led to 23.4% of workplace injuries and cost $13.7 billion.

Other leading causes of workplace injuries include:

• Falls (on the same level)
• Falls (to a lower level)
• Being struck by objects or equipment
• Physical exertions or bodily reactions
• Roadway incidents
• Slipping or tripping without a fall
• Getting caught or compressed in equipment or objects
• Being struck against objects or equipment
• Injuries from repetitive motions and tasks

These causes can lead to all types of injuries, from broken bones to bleeding and even death.

According to the National Safety Council, the industries with the highest rates of preventable fatal work injuries are:

• Agriculture
• Transportation and Warehousing
• Mining
• Construction
• Wholesale Trade
• Professional and Business Services
• Other Services
• Utilities
• Government
• Manufacturing
• Leisure and Hospitality
• Information
• Retail Trade
• Financial
• Educational and Health Services

This information is based on data from 2016 to 2017. While Agriculture had the highest rate of injuries at 22.6 deaths per 100,000 workers in 2017, Construction had the highest number of injuries at 924 deaths in 2017.

Regardless of your industry, you are required by California law to obtain workers’ compensation insurance and business liability insurance if you have employees and operate in California.