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Question: During the workday, an employee notices a political protest on the street and they walk outside to observe. The protest turns violent and the employee gets attacked by protestors and receives a head injury after being thrown to the ground. They are also exposed to tear gas and appears to have a severe allergic reaction to the gas. An ambulance is called for the employee and they are taken to the hospital where they receive prescription pain killers and corticosteroids. Is it recordable?

Answer: YES. The incident occurred during the normal workday and was provided medical treatment as a result of the work-related incident.

1904.5(a) You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in §1904.5(b)(2) specifically applies

1904.7(b)(7) What is a "significant" diagnosed injury or illness that is recordable under the general criteria even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness? Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional.

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