Reference: 289

Question: If we submit an workplace injury form to our WC carrier and the injury is DENIED as a workers' comp injury by our carrier, do we still count that injury on our 300 form or do we disregard it?

Answer: When an injury or illness occurs to an employee, the employer must independently analyze the case in light of both the OSHA recording criteria and the requirements of the State workers' compensation system to determine whether the case is recordable or compensable, or both. Your case must be judged by the criteria of the OSHA recordkeeping rule to determine if it should be placed on the 300 Log. Workers Compensation is not a consideration of whether the case is OSHA recordable or not.

Standard Number: 100 Subpart A