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Incident Report vs. Accident Report: Which To File

Incident Report vs. Accident Report: Which To File?

If you are a company executive or manager of any kind, you might occasionally be required to file incident reports and/or accident reports. However, the differences between these two types of reports can be opaque, especially when events seem to fit both categories.

For more information about incident reports versus accident reports, and which to file, please continue reading. For legal assistance at no charge, you can contact Schwartzapfel Lawyers now at 1-516-342-2200. Alternatively, visit us online to schedule your free consultation today!

Incident vs. Accident – Definitions

Incidents and accidents, while similar, are distinct in a legal sense. Here are the definitions of these two terms in relation to workplace reports:

  • Incident: An event or occurrence outside the norm at a workplace or business that does not involve a personal injury.
  • Accident: An event or occurrence outside the norm in the workplace or business that involves at least one personal injury to an employee, patron, or some other party, even if a minor injury.

As you can see, the chief difference between incidents and accidents is the presence of personal harm. For example, a customer throwing a product on the ground and shattering it in the process is an incident. That same customer pushing an employee to the ground, causing them to bruise or break their wrist, however, would constitute an accident since a personal injury was sustained in the process.

In another example, a customer enters a store and shouts at the staff. No damage is sustained, but the incident is notable and may indicate the potential for future issues. It warrants an incident report.

In contrast, an employee is injured while using workplace machinery. The worker needs to file a workers’ compensation claim. The accident, since they were injured, needs an accident report form to be filed for accurate records and insurance purposes.

For these situations, business owners, executives, and managers of all kinds may be required to file incident reports and/or accident reports based on the details of prior events.

Incidents Are Always Less Serious Than Accidents

Another way to distinguish incidents from accidents is the level of seriousness. In almost all cases, incidents are less serious than accidents because there is no bodily harm in the former.

Even if an incident is emotionally and/or psychologically rattling, it doesn’t count as an accident unless some level of physical damage is sustained. As such, if you or a loved one is unsure which report to file, simply ask yourself whether anyone was hurt.

If the answer is no, it’s an incident. If the answer is yes, it’s time to file an accident report.

What Happens If an Incident Leads to an Accident?

In some cases, an incident may lead to an accident. For example, customers may come into the store and express outrage about a product or service. Later, they return and attack one of the employees of the same store.

While it’s true that the incident can feasibly be linked to the accident, the two (2) events must still be considered distinct, especially when it comes time to file reports. An incident can lead to an accident, but it must still be recorded as an incident, not as part of the same accident event.

Why Does OSHA Distinguish Between Incidents and Accidents?

The Occupational Safety and Health Administration (OSHA) intentionally distinguishes between incidents and accidents. Part of this is because one of OSHA’s duties is to educate the public about workplace safety and health using plain language. Accidents often carry more negative baggage or connotations in normal contexts or conversation.

For these reasons, OSHA specifically uses accident to refer to incidents where someone is injured to focus on the level of danger in the event properly. Note: Incidents are preferred by OSHA and many corporations because they can reduce the severity of the event in question in the eyes of the law.

When someone is hurt at work or while performing job-related duties, there may be many emotions brewing. For example, someone may blame another party, or a worker may threaten to sue a fellow employee. OSHA wants to facilitate a more productive discussion, so incident is used for any event where an injury isn’t a factor.

What Are Incident Reports and Accident Reports?

Incident and accident reports are official documents filed by workers or businesses to record incidents or accidents.

For example, if a shelf fell in a warehouse and destroyed a lot of company property, the warehouse manager may file an incident report. As another example, if an employee slips and falls and breaks a bone while in the workplace, their manager may file an accident report to record the event for future needs.

Think of incident reports and accident reports as official company logs of events. They’re oftentimes stored and reproduced in multiple copies. Not only do they contribute to company records, but they are often used in litigation and other legal action surrounding workplace events.

When to File an Incident Report

Incident reports are important documents that provide legal evidence for future litigation, determining who is on the hook for damages with health insurance companies, and more. You should file an incident report any time an incident takes place at your company, regardless of the apparent significance of the event.

Why? Because even if you believe an incident to be minor or otherwise unremarkable, there’s no guarantee that another party will see it the same way.

For example, a disgruntled customer could enter your business, destroy some property, and go on their way. If you were to fail to file an incident report, your side of the event would not have a record. Moreover, if the disgruntled customer returns, or worse, tries to file litigation against you, you may discover that they recorded the “truth” of events from their perspective. This can be dangerous in a legal setting and may cause you to end up on the wrong side of a litigation decision.

To learn more at no charge, speak with one of our leading trial attorneys by calling Schwartzapfel Lawyers at 1-516-342-2200. Or, if you would prefer to schedule your free consultation online, please do so now!

Types of Incidents

There are many types of incidents in business. Some of the most common include:

  • Personal injury incidents, which are almost identical to personal injury accidents. According to OSHA, an incident is any event in which a worker sustains an injury or in which a “near miss” occurs. “Near misses” are incidents in which a worker or patron was almost injured but escaped real damage.
  • Human resources incidents, which are events where one or more persons violate company policies, violate laws, or attempt malicious actions that cause a risk to at least one person. Your business may have multiple human resources incident files or documents, such as employee injury reports, employee misconduct reports, dangerous situation reports, and more.
  • Transportation incidents.
  • Environmental incidents, which involve events where harm or danger occurs to the environment. For example, an oil company that accidentally spills oil into the ocean needs to fill out an environmental incident report.
  • Equipment malfunction incidents.
  • Property damage incidents. Note that the property in question can belong to a company, the public, or a patron or employee, personally.

What Is Included in an Incident Report?

An incident report can include many different elements. Generally, workplace incident reports include:

  • An overview of the incident.
  • A record of who was involved in the incident, including the workers (and potentially worker I.D. numbers) and any third parties, like members of the public, contractors, etc.
  • A more detailed write-up of the incident.
  • An accounting of any property that was damaged, stolen, or otherwise lost.

With this information, the company can take steps to prevent the incident from occurring later on. For example, if an incident occurred where a shoplifter stole a collection of electronics, the incident report can be used as a case study for future loss prevention efforts.

Note that incident report requirements and inclusions can vary from company to company. Every organization may have a different incident report document or template that it uses.

When to File an Accident Report

Filing an accident report is also crucial when an accident occurs on your business premises. Remember: The key difference between incidents and accidents is that accidents involve a personal injury to at least one party. However, accidents often include property damage as well.

In essence, while all accidents are incidents, not all incidents are accidents. You should file an accident report whenever one occurs so that you:

  • Can protect your organization from negative legal action
  • Have evidence on hand in case you need to file a lawsuit against an at-fault, injuring party
  • Have records on hand for employee misconduct decisions, customer banning decisions, and more

For additional info on accident reports, incident reports, and your options, call Schwartzapfel Lawyers now at 1-516-342-2200. It will be our honor and privilege to fight for you!

Types of Accidents

Just as there are different types of accidents, there are many kinds of incidents that can occur at businesses. Some of the most common types of accidents include:

  • Vehicle accidents. A company vehicle might be involved in an auto accident, in which case you’ll need to fill out a crash report, also known as a vehicle accident report. The accident report details the damage sustained, whether your employee was responsible, and other key information.
  • Employee accidents. Also called employee injuries, these are incidents in which employees sustain injuries from accidents or other events. Filling out employee accident forms is very important for lawsuits regarding workers’ compensation and liability. Note, too, that most workers’ compensation claims require proof of the accident via an employee accident report or similar document.
  • Property or equipment damage accidents. These occur when property or equipment is damaged in the same incident that caused a personal injury to an employee, patron, or another person. Forms to report this damage are important for discovering who is responsible, evidence in case of future litigation, and restoring the property to its previous condition.

What Is Included in an Accident Report?

An accident report may also include many different factors or lines to fill in. Common features of accident reports include:

  • An overview and description of the event.
  • A more detailed overview of the injuries sustained and by who (including employees, members of the public, or other third parties).
  • An overview of any other property that may have been damaged or lost.

Notably, accident reports often include a section explaining whether or not the employee plans to or has claimed workers’ compensation. Some organizations may also include a section noting whether an employee plans to sue the company for damages or liability.

Most accident reports do not include areas to assign blame or guilt. Companies avoid these sections and guide employees to fill out accident reports to avoid mentioning this information to prevent accidental liability.

Why Should You Report All Incidents and Accidents?

For legal reasons, you should generally file reports for all incidents and accidents at your workplace. For example, if a customer experiences a workplace accident or injury and you don’t file a report, you could face legal issues if that customer tries to sue your organization late. A prosecuting attorney might claim that your failure to fill out an accident report is indicative of you covering up the event.

Moreover, you should file reports for all incidents and accidents at your workplace because:

  • They can be helpful when future investigations are carried out. This can be beneficial whether you are the plaintiff or defendant in a legal case.
  • They allow analysts at your organization to identify trends or statistical patterns regarding employee accidents, property safety, and more.
  • They provide key evidence and documentation for medical treatment, insurance, and similar purposes. Employees, for instance, must be able to recover accident reports for their workers’ compensation claims.
  • They support the required legal mandates for business due diligence purposes, which, again, can prevent your organization from being unnecessarily fined.

To speak with a Schwartzapfel Lawyers’team member directly, visit us online or call 1-516-342-2200 today. It will be our privilege to assist you, whether by answering your questions, providing you with a free consultation, or simply listening and then laying out your legal options.

Can You Get in Trouble for Not Filing Incident or Accident Reports?

Most employers have strict rules and regulations regarding incident and accident reports, what you should fill out, and when to file this kind of paperwork. If you don’t fill out an incident report or accident report when you are supposed to, your employer could take this as a serious infraction. You may face penalties at work, including being fired.

However, you will likely only get in trouble for not filing an incident or accident report in a specific case: workers’ compensation.

Workers’ Compensation Accident Reports

According to New York State law, all employees and employers must file accident reports if an employee is ever injured in the workplace or when performing workplace duties.

Specifically, workers’ compensation insurers or claims administrators have to report workplace injuries or illnesses to the New York State Workers’ Compensation Board (NYSWCB) either within (10) days after the employer learns of the event or on or before the 18th day after the workplace injury or illness occurred.

If an employee is injured on the job and doesn’t inform their employer, the employer could get into legal hot water by not reporting that injury to the NYWCB. Therefore, all companies have strict policies that require employees to report injuries to their immediate supervisors or administrators when they experience them.

Employers must also quickly report injuries to the NYWCB. The NYWCB requires this information to gather accurate workplace injury statistics for administrative purposes. It’s also necessary for companies to have accurate insurance rates and premiums – almost all New York workplaces need workers’ compensation insurance precisely for on-the-job injuries.

Can an Accident or Incident Report Help With a Lawsuit?

In some cases, an accident or incident report may serve as important evidence for an upcoming lawsuit or other type of legal action.

For example, if you wish to sue your employer for low workplace safety standards or for refusing your workers’ compensation claim, having an accident report will likely be a valuable tool that your lawyers can use for your benefit. The accident report in detail when the accident occurred, the nature of the accident, and the details surrounding the accident. All of that information can be very valuable when trying to prove that you suffered your injury because of the negligence of your employer.

Furthermore, an incident report can be beneficial in lawsuits where you wish to sue some party for harm. For example, if you want to sue a shoplifter for stealing products from your store, you will likely have a much better time at the lawsuit if you have one or more incident reports backing up your claims.

The incident reports can serve as official records of the shoplifting incidents that happened in the past. This record of behavior can go a long way toward proving that the accused party is, in fact, guilty of shoplifting.

Accident and incident reports can also be valuable evidence if you must contrast your opinion with an eyewitness’s. For instance, you may claim to have seen an accident play out one way, but another eyewitness directly contradicts your claim. The accident report can break down whose story is more accurate.

However, only someaccident reports or incident reports may be admitted as evidence. As such, you should speak with your lawyer if you have an accident or incident report in your possession and want to use it in your trial. The right lawyer should be able to tell you whether the report is legitimate, whether it will be considered evidence, or whether it is inadmissible for one or another reason.

How Lawyers Can Help With Both Incident & Accident Reports

Smaller businesses often don’t have ready-made incident and accident reports. Furthermore, they may not have reports with all the required information listed to ensure compliance with business due diligence and insurance laws.

Here and elsewhere, legal representatives can help. At Schwartzapfel Lawyers, we’ve aided New Yorkers in a wide variety of workers’ compensation, product liability, and other cases. We can also help your business draft airtight incident and/or accident reports for your filing purposes.

Moreover, we will go above and beyond in providing legal expertise and sound advice if you or a loved one is currently involved in litigation concerning a prior incident or accident. No matter your situation, we can gather evidence on your behalf, fight for you in court, and be at your side throughout the process.

Contact us today for more information as well as your free case evaluation. You can visit us online or call Schwartzapfel Lawyers directly at 1-516-342-2200.

But you shouldn’t wait, as your window to file a claim and recover the money and benefits you deserve may soon close forever. Protect your future by acting now. Dial 1-516-342-2200 and have Schwartzapfel Lawyers fight for you!

Contact Schwartzapfel Lawyers Today

No matter who you are, you should know the differences between incident reports and accident reports, as this will allow you to file correctly when the time comes. This is important and will serve to benefit you because incident reports and accident reports are vital for maintaining proper records and protecting you from legal consequences for failing to practice good business due diligence.

If you need assistance creating incident or accident reports, Schwartzapfel Lawyers can help. Our knowledgeable lawyers have successfully handled numerous accident and incident report filings in the past. We can also provide invaluable assistance to workers who need to know whether they should file an accident report for a workplace injury or event.

For the answers to your filing questions or for a free case evaluation,contact Schwartzapfel Lawyers today at 1-516-342-2200!

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You™™

Accidents vs. Incidents: What’s the Difference? | OSHA.com

Incidents vs. Accidents: What’s the Difference? | Workhub

OSHA Injury and Illness Recordkeeping and Reporting Requirements | OSHA.gov

Accidents vs. Incidents: What’s the Difference? | OSHA.com

What Is Loss Prevention? Tips and Examples | Indeed.com

The Claims Process – The First Steps | Workers’ Compensation Board

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