Reminders | Deadlines

Reporting Notification of Injury or Death at Work

Reporting Requirement for an Employer:

For any employee injury or death occurring at work, the employer must submit a notification report (or Employer's Report of Occupational Injury or Disease Report Form) within 10 days after the date of injury or death to the Commission (including a copy to the carrier). Reporting notification of an employee injury is mandated by law and does not initiate the process of filing a claim. Filing a workmen's compensation claim is a separate process.

Reporting Requirement for an Injured Employee:

For any injury or death at work, the injured employee, or petitioner representing the employee, has 30 days from the date of injury to submit a notification reporting (or Employee's Notice of Injury Form) to the employer, including a copy to the Commission and the employer's authorized Insurance Provider. This reporting notification is mandated by law and does not initiate the process of filing a claim. Filing a workmen's compensation. Filing a WC claim is a separate process.

Filing a Claim for Disability Benefits due to Employee Injury at Work:

Must filed within 1 year after date of injury or last payment of compensation without an award. If the nature of the injury or disease, or its relationship to the employment, is not known to the claimant, the time for filing shall not begin to run until the claimant has, or by exercise of reasonable diligence should have, such knowledge. Failure to file claim within the prescribed period shall not bar a claim unless objection to such failure is made during the claimant's first hearing in which all parties in interest are given reasonable notice and opportunity to be heard.

Filing a Claim for Death Benefits due to Employee Death at Work:

Must filed within 1 year after the death or within 1 year after the dependents know or by exercise of reasonable diligence know the possible relationship of the death to the employment. Failure to file claim within prescribed period shall not bar a claim unless objection to such failure is made during the claimant's first hearing in which all parties in interest are given reasonable notice and opportunity to be heard.

Notice of Claim Filed by Employee:

The Commission has 10 days after a claim is filed to notify the Employer and all other interested parties that a claim has been filed by an injured Employee.

Notice to Controvert Right of Compensation to Properly Dispute an Employee Claim:

To properly dispute and controvert the right to compensate of an employee claim, the employer must complete a Notice to Controvert Right of Compensation. This notice must be filed with the Commissioner on or before the 14th day after the employer has knowledge of the alleged injury or death. An employer's knowledge of an employee can also be established upon receipt of the Employee's Reporting Notification of Injury and the Notice of Claim Filed.

Action on a File Claim:

The Commission has only 45 days to conduct investigations and hold informal hearings on a claim for the purpose of achieving a settlement for the claimant. If no settlement can be mediated and reached within 45 days, the claim is then forwarded to Administrative Law Judge (ALJ) for a decision unless the employee decides to drop claim and not to proceed.

Action on Unsettled Claims Forwarded to the Administrative Law Judge (ALJ):

Commensurability of Disability Compensation:

No compensation may be allowed for the first 3 days of disability, except medical benefits.

In case of injury results in disability of 14 calendar days or more, the compensation shall be allowed from the date of disability. If, at the time the disability begins, the employee is employed under a contract for hire, when full wages are continued, the time specified in this section does not begin to run until full wages are discontinued.

Notice of First or Suspension of Payment:

The employer shall immediately notify the Commissioner upon making the first payment or upon suspension of payment for any cause in accordance with a form prescribed by the Commission that has begun or payment has been suspended as the cause may be.

Notice of Final Payment Made:

The Employer shall notify the Commissioner within 16 days after final payment has been made in accordance with a form prescribed by the Commission stating that such final payment has been made, the total amount of compensation paid, the names of the employee and, of any other individuals to whom compensation has been paid, the date, of the injury or death and the date up to which compensation has been paid.