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Colorado Compliance



 

Reporting of Claim by Employer C.R.S. 8-43-103 Rule 5-2 (A)

The law requires an employer to notify the insurance company of an injury within 10 days, no matter how minor the injury. This is done by filing an Employer's First Report of Injury form (WC1). If the employer questions whether an injury is work related, this should be documented and filed with the first report form. Timely filing is critical because the carrier cannot pay compensation benefits or medical bills until it has knowledge of the injury and has the opportunity to evaluate liability.

Failure of the employer to file this report in a timely manner may result in penalties against the employer.

Notice of a fatality or an accident in which three or more employees are injured should be given immediately.

Filing the Employer's First Report of Injury is not necessarily an admission that the employer agrees with the facts of the incident. It is a statement that the employee is making a claim.

 

The brochure required by House Bill 1038 is now available and must be provided by insurers to injured workers at the same time of an admission or denial. It is effective upon signature of the Governor.

 

Specifically, a subsection 3 has been added to C.R.S. 8-43-203 and provides, in part:

"In addition to any other notice required by this section, at the time that the employer or, if insured, the employer's insurance carrier provides the notice required by subsection (1) of this section, the employer or insurance carrier shall provide to the claimant a brochure (emphasis added) written in easily understood language, in a form developed by the director after consultation with employers, insurance carriers, and representatives of injured workers, describing the claims process and informing the claimant of his or her rights. If the claimant has previously authorized the employer or, if insured, the employer's insurance carrier to communicate with the claimant through electronic transmission, the brochure may be sent to the claimant electronically."