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Recordkeeping and Workers’ Compensation Compliance

Although most news stories documenting workers’ compensation violations feature a brazen employer that deliberately violates the law and puts their workforce in great peril, these types of cases are far from the most common type of workers’ compensation infractions. Sure, contractors working in Florida need to be licensed, secure workers’ compensation coverage for all of their workers, and provide safe working conditions, but there are many common ways that contractors can find themselves involved in some form of a workers’ compensation infraction that doesn’t make the news. 

In this brief article, a workers’ compensation defense attorney in Florida with Cotney Construction Law will discuss recordkeeping infractions for workers’ compensation laws. Remember, to ensure your business is protected, consult one of our workers’ compensation defense attorneys in Florida

Recordkeeping Violations   

Did you know that the majority of workers’ compensation violations are related to recordkeeping and reporting? Employers that fail to complete or maintain forms, reports, and other documents related to accidents and injuries are the most common violators of workers’ compensation laws. 

There’s a simple reason why this is a common infraction: recordkeeping and reporting violations can vary greatly. For starters, when an agency informs a business of an investigation, the first thing they will want to see is the company’s records. This can include:

  • Pre-Employment Information 
  • I-9 Forms      
  • Employee Medical Records
  • Payroll Records
  • Benefit Plan Records
  • Government Compliance Reports
  • Employee Handbook Policies
  • Training Materials

Related: Meeting OSHA’s Recordkeeping Reporting Requirements

Failure to retain or provide access to any of the above records during an investigation is an easy way for a business to experience some form of penalty. Moreover, any inconsistencies in these records that are discovered during an investigation can result in steep penalties. For example, if payroll records are concealed or workers are being misclassified, a business will experience costly citations for these violations. 

Here are a few more examples of recordkeeping and reporting violations:

  • Failure to have a notice of compliance posted in a clearly visible area of the jobsite
  • Failure to complete a report of an injured worker 
  • Failure to notify the nearest workers’ compensation agency of an injury
  • Failure to complete reports for all accidents or injuries that occurred at the workplace
  • Failure to comply with any requests made by the agency related to an injured worker, including any requests related to payroll, recordkeeping, or injury or accident reports

To ensure your recordkeeping and reporting practices are in compliance with workers’ compensation laws, consult a workers’ compensation defense lawyer in Florida.

If you would like to speak with one of our workers’ compensation defense lawyers in Florida, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.