If you recently read an AL.com article ranking Alabama employers by the number of injuries they report to OSHA, you’re not alone. These types of lists generate attention, especially when people are concerned about workplace safety. I had several people mention the article and list to me. But, there’s a very important truth every worker in Huntsville, Madison County, and across North Alabama should know:
OSHA’s public injury-reporting data captures only a fraction of the injuries that actually happen.
If you were hurt on the job, don’t assume your employer’s absence — or presence — on this list tells you anything definitive about your case. Let’s discuss some areas the article gets wrong, what the data really means, and what injured workers should focus on instead.
What the AL.com Article Claims to Show
The article highlights which Alabama companies “report the most injuries and deaths” to OSHA. At first glance, that sounds useful. After all, more reports suggest more dangerous conditions. But the reality is a little more complicated. OSHA’s reporting system has major limitations that the article never addresses.
OSHA Injury Reporting Is Extremely Limited
OSHA only receives certain types of reports. Federal OSHA regulations require employers to report only the most immediately serious injuries — fatalities, hospitalizations, amputations, and loss of an eye — and only for employers covered under OSHA’s jurisdiction. OSHA also gathers injury information from certain industries and employers of certain sizes. Many employers never appear in this system at all.
Most Workplace Injuries Never Show Up in OSHA’s Public Lists
According to data from other sources, it’s estimated Alabama private-industry workers suffered about 29,400 nonfatal workplace injuries and illnesses in 2023, with a recordable injury rate of 2.0 cases per 100 workers. That’s far more than OSHA’s employer-reported lists would ever show.
At our firm, we handle serious workplace injuries across Northern Alabama. In most of our cases, the employers never reported the injury to OSHA.
The Article Also Does Not Adjust for Employer Size or Risk
Listing “most reported injuries” without adjusting for:
…means the rankings tell you very little about whether a company is safe or unsafe.
For example, the article contains a picture and caption at the top which proclaims Walmart is one of the employers reporting the highest number of injuries across Alabama’s 67 counties. What does that tell us? Walmart is also a huge employer with operations everywhere across Alabama. I get that workers are injured in accidents at Walmart.
I’ve represented many workers with personal injury and workers’ compensation claims against Walmart in multiple counties across Alabama. I’ve tried injury cases against Walmart to verdict, recovering compensation for my clients. But we might expect one of the largest companies in an industry where many people suffer workplace injuries to report higher numbers.
That overall number tells us little to nothing about the rate of injury per number of employees. We learn nothing about the overall danger or safety in the workplace.
Again, don’t think I’m defending Walmart. I’m not. I’ve sued the retailer plenty of times for injury claims. I just believe we need to see the reality of the data. For accuracy, maybe we should compare the size and rate of injury among various retailers. I’m looking at you, Dollar General — a retailer that appears to have smaller stores but a very broad history of OSHA citations.
If we are going to say any workplace is unsafe, we need better data. And we need to do basic math based on the overall workforce.
A Better Source of Workplace Injury Insight: Alabama’s First Report of Injury System
Maybe the State of Alabama should release its data on workplace accidents?
What is a First Report of Injury (FROI)?
In Alabama, employers are required to file an Employer’s First Report of Injury or Occupational Disease when a worker is hurt. While many employers still try to avoid this reporting requirement, the system does cover a broader range of non-farm employment. These forms, required by the Alabama Department of Workforce Development, are far more reflective of the actual number of work injuries than OSHA’s more limited federal system.
These forms are not posted to public lists like OSHA data. Maybe that’s an issue we should address in the interest of keeping Alabama workplaces safe.
What North Alabama Workers Should Do After a Workplace Injury
If you’re hurt at work, take steps that actually protect your case – not ones based on incomplete OSHA rankings.
1. Report the injury immediately
Tell your supervisor and ensure a First Report of Injury is completed — and make sure it is in writing. This is extremely important. Alabama’s workers’ compensation laws require prompt notice of an accident to your supervisor.
Maybe you think it’s something minor and you don’t want to cause waves at work — I’ve heard that reason more times than I can count in my years of handling workers’ compensation cases.
The problem: if you wait and your injury does turn out to be serious, it may be too late. You could be left with a serious or permanent injury but no benefits or treatment.
Maybe you told a supervisor but never made sure the notice was put into writing.
The problem: sometimes bosses conveniently “forget” about the verbal notice that was never documented. Don’t take that chance.
2. Get medical care right away
I know — nobody wants to go to the doctor. I get it. But you take big risks if you wait to get medical care.
First, sometimes injuries become permanent and incurable if you delay treatment.
Second, if you have a claim, waiting makes it much more difficult for a doctor to attribute your condition to the workplace accident.
If you are injured, it’s important to see a doctor as soon as you can.
3. Document everything
Take photos, gather the names of witnesses, and keep copies of all reports and medical records.
4. Don’t rely on an employer’s “clean” or “dirty” OSHA record
That OSHA number means far less than people think.
5. Speak with a North Alabama injury lawyer early
I tell my clients — Alabama’s workers’ compensation laws are unfair. Our law is unfair to injured workers. That makes it even more important to get advice and answers early if you are dealing with a significant injury.
The Bottom Line: OSHA Lists Are Headlines, Not Answers
The AL.com article is interesting, but it only tells a partial story. The real issue on a community-wide level is how we actually make our workplaces safe. That requires a real effort to put people first — something that rarely happens in the Alabama Legislature. It requires a systematic approach that looks at full data and full processes across a broad base of industries.
The real issues for injured workers on an individual and family level are not whether their employer is on the list. The real issues are how to prevent the injury from impacting another co-worker — and how to best help the current injured worker.
For the current worker, it’s essential that you receive all the workers’ compensation benefits to which you are entitled. This includes medical care and disability payments.
Blackwell Law Firm investigates workplace injuries across northern Alabama. We dig deeper than public lists. We dig into the processes that hurt you and the medical information needed to explain your injuries. We help you navigate a complex medical system. Then, we fight for all the workers’ compensation benefits available to you — including going to trial when needed. If a third party caused your injury, we also pursue those claims for additional damages.
Contact us for a free consultation. We’ll review your case, explain your rights, and help you pursue the full benefits and compensation you deserve.
Call Us Now (256) 261-1315
(256) 261-1315
