Employers are required to keep a safe workplace. Unfortunately, no matter how hard you try, there may be times when an employee has to file a workers’ compensation claim. Luckily, businesses have workers’ comp insurance that helps to defray the costs associated with workplace injuries. There are some requirements that you must meet to be able to provide documentation when an employee files a workers’ comp claim. A knowledgeable workers’ compensation attorney will help you deal with these types of claims.
What Types of Records Must Employers Keep?
Wisconsin requires all companies with three or more employees to keep records of accidents that result in disabling injuries or death during employment. The records must include the employee’s name, address, wages, and employment details. They must also contain the details of the accident or incident, including when and how it occurred and the cause, as well as the injuries reported.
As part of hiring or ongoing employment requirements, employees may be drug tested. These test results are confidential but should be kept as part of the employee’s file, as are other medical records. In addition, employers must keep records of exposure of employees to toxic or harmful substances. Employers must also retain Safety Data Sheets (SDS) for all hazardous chemicals for 30 years. The SDS was formerly called Material Safety Data Sheets (MSDS).
Employee Records Retention
It is important to retain employee records, even for a time period after termination. The general rule is to keep general employee records for three years. However, there are different requirements for different types of records. You must pay attention to both state and federal laws when retaining employee records. It is wise to keep employee files for ten years because a worker may file or reopen a claim during that length of time.
Many workplace injuries must be reported to OSHA. Occupational Safety and Health Administration (OSHA) is the federal governmental agency that oversees workplace safety. OSHA requires employers to retain some types of information for five years. Generally, OSHA forms should be kept, including the OSHA 300 log and summary, OSHA 301 incident forms, and other OSHA forms that pertain to workplace injuries and illnesses.
It is essential to retain all documents related to any pending litigation or potential litigation until the matter is fully resolved. It is usually better to keep more records for a longer period of time than you think you’ll need them. Storing employee records can become problematic, especially when you have paper documents to retain. It is helpful to make electronic copies of all employee files and documents. These e-documents are often utilized as a backup, but you’ll still need to retain paper copies of the most important documents.
Keeping employee records is critical to resolving workers’ compensation cases. It is helpful to speak to an attorney to ensure that you retain the documents that are necessary in workers’ compensation cases. Reach out to us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.