Recording an entry: Worker's comp vs. OSHA summary

  WORKERS COMPENSATION OSHA RECORDABLE

No medical treatment (Incident/Near Miss)

Yes

No

Medical treatment

Yes

Yes, IF medical treatment beyond first aid

Lost Time

Yes.  Lost time after 3-day waiting period satisfied (otherwise medical claim).

Yes

 

Counting lost days

TTD paid after 3 day waiting period.  6 days per week, Monday through Saturday.

Days counted beginning AFTER date of injury.  7 days per week (including weekends, non scheduled days and holidays if excused by physician)

Counting lost days:
How long?

During healing period as established by physician or until return to work.

Maximum 180 days

Counting restricted days

Less than full work day, TPD (temporary partial disability) calculated.

Works full schedule, but less than full duty or regular assignments; no wage loss.

Count restricted days for any partial day not worked (partial day = 1 day).

If restriction from physician keeps employee from performing one or more routine job functions, count the day as restricted.

Traveling employee

Generally compensable unless deviation.

Recordable IF engaged in work activity at time of injury

(Not recordable if injured during periods of non work activities or commute.)

On way to work

Not compensable except on a direct route between designated parking lot and work premises.

Commuting is not recordable.  Motor vehicle accidents occurring on company parking lot or company access road while commuting to or from work not recordable.  (Note if injury occurs in parking lot but not motor vehicle accident, it could be recordable).

 

Voluntary program participation (e.g. wellness, car or van pool, commuter bus, or ride-sharing

Not compensable

Not recordable

Personal tasks performed at work establishment and outside work hours.

Depends on circumstances

Not recordable

Personal grooming

Possibly personal comfort and compensable

Not recordable

Needlestick, cuts from sharp pathogen-infected objects

Work related, compensable

All work related needle sticks and cuts from sharp objects contaminated with blood or other infectious material are recordable (regardless of medical treatment). Mark as a privacy case.

Hearing loss

 

 

No claim until removed from noisy environment by retirement, termination or transfer.

Standard threshold shift 

Denied claims

Enter as a claim (may have costs associated for investigation and therefore the claim needs to be entered).

Enter as recordable until determination of work relatedness made.  If denied, change to non recordable.

Privacy case

n/a

Needle stick injuries and cuts from sharp objects that are contaminated with infectious material; injury or illness to intimate body part or reproductive system; injury or illness resulting from sexual assault; mental illnesses, HIV infection, hepatitis or tuberculosis, other illnesses if employee requests.

This document is a guide in the entry of Worker’s Compensation claims and OSHA recordkeeping.  It is not a legal document.  The Worker’s Compensation Act (Section 102 Wis. Stats.) and SPS Ch. 332/ OSHA Regulation 29 CFR 1904 govern compensability and recordkeeping.   

 

Page last saved: 09/06/2013