2020 Analysis of Workers' Compensation Laws - 118

Chart XII-Employer's Report of Accidents, cont.

Notes
1.
Federal Occupational Safety and Health Act (OSHA)
of 1970 established uniform requirements and forms to
meet its criteria for all businesses affecting interstate
commerce to be used for statistical purposes and
compliance with the Act. 12 U.S.C. §651.
2.
Alaska-20% of unpaid compensation due, statute
of limitations for claim based on injury tolled until report
filed.
3.

Arkansas-Medical-only claims reported monthly.

California-Report to Division of Occupational Safety
and Health. Within five days of employer's notice or
knowledge of employee death, employer must report
death to the Department of Industrial Relations. Effective
1/1/03, minimum civil penalty is $5,000 for failure to report
a fatality or serious injury or illness to the division (§342
of Title 8 of California Code of Regulations).
4.

Colorado-Failure to report tolls time for claims.
Disability of three days or less must be reported to
insurer. The insurer then reports this information by
monthly summary to the Division.
5.

Delaware-Supplemental report due on termination
of disability.
6.

Florida-All injuries-carrier to send first report form
to division if injury involves lost time. See 69L-56.401,
F.A.C., for the First Report of Injury or Illness: Employer's
Responsibility to Record and Report Accidents and see
69L-3.025, F.A.C., for the forms.
7.

8.
Reporting requirements differ in lost time versus
medical-only claims.
9.
Georgia-Supplemental report on first payment and
suspension of payment and within 30 days after final
payment. Case progress reports must be filed within one
year of the first date of disability, within 30 days from last
payment for closure, upon request of the Board, every
12 months from the date of the last filing on all open
cases, to reopen a case, within 30 days of final payment
made pursuant to an approved settlement, and within 90
days of receipt of an open case by the new third-party
administrator.
10.
Supplemental report required after 60 days (for
Rhode Island and South Carolina every six months) or
upon termination of disability.
11.
Indiana-Supplemental report within 10 days after
termination of compensation period.
12.
Kansas-Failure to report tolls time limit for claims.
Childress v. Childress Painting Co., 1979.

Louisiana-Employers with more than 10 employees
must also report within 90 days any occupational death,
any nonfatal occupational illness, or injury causing loss
13.

of consciousness, restriction of work or motion, job
transfer, or medical treatment other than first aid. Report
within 90 days, any occupational death, any nonfatal.
14.
Maine-Up to $1,000 for individual and $10,000 for
corporation for willful violation, fraud, or intentional
misrepresentation.
15.

Massachusetts-After third violation.

Mississippi-Permanent disability and serious head
or facial disfigurement also covered.
16.

Missouri-Every employer or his insurer shall,
within 30 days after knowledge of the injury, file with the
division a report of every injury or death to any employee
for which the employer would be liable to furnish
medical aid, other than immediate first aid. Employers
shall report all injuries to their insurance carrier (or
third-party administrator) within five days of the date of
the injury or within five days of the date on which the
injury was reported to the employer by the employee,
whichever is later. Where an employer reports injuries
covered by the Missouri Workers' Compensation Law
to his insurer or third-party administrator, the insurer or
third-party administrator shall be responsible for filing
the report with the Division of Workers' Compensation.
If medical treatment or temporary benefits will continue
past 30 days, a status report including estimated dates
of completion of medical treatment and temporary
benefits shall be provided to the division at that time. A
final report shall be filed on conclusion or termination
of medical treatment and temporary benefits. A final
medical report shall be filed with the final report.
17.

18.
Nebraska-Report may be made by insurance
carrier or employer. Failure to report tolls the statute of
limitations.
19.
Nevada-For minor injuries not requiring medical
treatment, employee files a Notice of Injury, which
must be retained by employer for three years. A claim
for compensation is filed with insurer for lost time and
claims requiring medical care.
20.
New Mexico-For EDI filings, all injuries having
more than $300 of expenses must be reported to the
administration. A subsequent report from the claims
administrator is required upon payment of any claim.

23.
Oregon-Employer liable for civil penalty if late
reports to insurer exceed 10% of employer's total claims
during any quarter. Employer also liable for civil penalty
if employer induced worker not to report accidents.
Employer may be charged with reimbursing the insurer
for penalty insurer is assessed for late payment if
employer's delay in reporting is the reason for the late
payment.
24.
Pennsylvania-Late filing of accident report may be
penalized by sum up to 10% of compensation awarded
plus interest accrued and payable. In cases of excessive
delay, penalty can be increased to 50%.
25.
Texas-Supplemental report required upon
termination of disability or change in post-injury
earnings.
26.
Virginia-Beginning 7/1/09, all accident reports to
the commission must be submitted electronically either
through EDI transmission or WebFile.
27.
Alberta-Attending physician also required to make
periodic reports to board.
28.
Alberta-Supplemental report within 24 hours after
returning to work or knowledge that worker is able to
return.
29.
British Columbia-Employer may be liable for
additional assessment until three days after receipt of
the report by board.
30.
Manitoba-Effective 1/1/15. The administrative
penalty may be relieved in whole or in part. Failure
to comply is also a provincial offense on summary
conviction, employer is liable for a fine up to $50,000.
If employer pays the administrative penalty, he or she
may not be charged with an offense unless employer
continues to fail to comply with reporting obligations.
31.
Newfoundland and Labrador-Cost of compensation
is charged against employer's experience plus
$50 assessment. Claim may be charged against an
employer's experience for failure to repent. On summary
conviction, fine is $25,000, imprisonment up to six months,
or both.

New York-Carrier or employer, if self-insured, is
required to provide a written statement of rights under
the law to injured employee or dependent if worker is
deceased.

32.
Ontario-If employer is an individual, may also be
liable for additional fine up to $25,000 on conviction,
imprisonment up to six months, or both. If employer is not
an individual, may also be liable for additional fine up to
$100,000 to $500,000 on conviction.

22.
Oregon-Insurers to send initial disabling claims
acceptance, aggravation claims acceptance, and claim
denial to Workers' Compensation Division within 14 days
of action.

33.
Saskatchewan-A discretionary penalty may be
applied equal to a percentage of the full estimated
compensation and medical aid costs for injuries that are
reported late.

21.

118 | 2020 Analysis of Workers' Compensation Laws
2020 Analysis of Workers' Compensation Laws

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