Employee notifies us of an injury 1 year later.

lnelson · May 2003

What can we do when an employee notifies us that he hurt himself over a year ago. Apparently, he has been receiving bills for something has not paid it now it is a collection notice and he wants us to pay for it. 1) I have never received any doctor report from the doctor who saw him. 2) no paperwork was done due to no one had knowledge of the incident. 3) He has probably been getting these bills for a while but, never gave to them me prior to this notice. We are not disputing he may have been injuried here but, shouldn't we have gotten something on this before now. What can we do now?

Balloonman · June 2003

I cannot recall what the reporting requirement is in California, however turn them over to your WC insurance carrier and ask your adjuster to deny the claim. I would then discipline the employee for failing to report an injury.
If he is reporting past the required time frame, I will tell him that and explain that the insurance company very well may deny the claim.
My $0.02 worth.
DJ The Balloonman

mwild31 · June 2003

You should do several things. 1. Don't be outraged that this has happened, process it as you would for any other claim. 2. You should go to the California Division of Worker's Compensation website at [url]http://www.dir.ca.gov/DWC/dwc_home_page.htm[/url]. for more information regarding Worker Injuries and how these claims must be administered in California. 3. You need to contact your Claims Administrator, whether that be through a self-insurance program, a private insurance carrier or the State, immediately - do not delay. In California the rules are very strict in how soon an employer is required to 'act' on the notification of an injury (or reported injury) and there are specific steps you have to take with the employee to ensure the employee gets all the information they need/require. As you go through the process, your claims administrator will be able to tell you how to complete the forms and should be able to give you a good idea of whether or not they think the claim will be accepted given the timing circumstances surrounding notification. 4. Develop a worker injury reporting program. California has very specific rules regarding what needs to be posted in the work place to inform employees of their rights - you, as the employer, are responsible for getting the information out to them. In addition, you should develop an internal program for reporting. If you had that, then you could very well write this individual up for not reporting the injury sooner - especially if medical treatment was sought - without a developed plan - you walk a fine line.

ESBVNR (Erogonomics Should Be Voluntary Not Regulated)

Employee notifies us of an injury 1 year later.

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