Workers Comp Corner May 2018

Employers Responsibility for Reporting an Injury

If an employee is injured at work, then you should follow this step-by-step guide to ensure proper reporting.

1. You must report to your insurance carrier any injury that results in medical care or an absence of work within 72 hours of notice of the injury. Filing a First Report does not make the employer liable for the injury.

The exception to this requirement is for first-aid only injuries [PDF]. You do not need to report first-aid only injury claims to your insurance carrier but you MUST still report these to the Department using a Form 1. You may download a Form 1 here [PDF] or call the Department for one at (802) 828-2286.

It is the responsibility of your insurance company’s adjuster to investigate the claim and either accept or deny it within 21 days of your having notice or knowledge of the injury. Any information that you have regarding the injury or incident should be sent directly to your insurance carrier to assist in its investigation.

2. You may direct the injured employee to a company doctor for his or her first visit. The employee may change doctors after that by filing a Form 8 [PDF] Change of Health Care provider.
3. Once you have been notified that the injured employee has a work capacity you should keep the insurance company aware of any available work that you have for the injured employee. For more information on employee return-to-work, click here.
4. You cannot withhold wages for the time it takes your injured employee to attend a medical appointment during his or her regularly scheduled shift. Injured employees are encouraged but not required to make appointments outside of their regularly scheduled shift if they are not working full time.