Claims Kit

Posting Requirements 23.30.060

The notice must be posted and kept on the premises of the employer (or on the premises where the employer's operations are being carried out) in three conspicuous places: at the office of the employer, at the mess house or boarding house if there is one, and in some conspicuous place on the premises or works. The notice must be substantially in the form described in the statute, and the signature must be witnessed by two witnesses.

An employer is conclusively presumed to have elected to pay compensation directly to employees until notice is posted.

Employer's Notice of Insurance

Physician Selection  23.30.095

The injured employee may designate a licensed physician to provide all medical and related benefits when medical care is required. The employee may not make more than one change in the employee's choice of attending physician without the written consent of the employer. Referral to a specialist by the employee's attending physician is not considered a change in physicians. Upon procuring the services of a physician, the injured employee must give proper notification of the selection to the employer within a reasonable time after first being treated. Notice of a change in the attending physician must be given before the change.

Reporting of Claim by Employer  23.30.070

Within 10 days from the date the employer has knowledge of an injury or death or from the date the employer has knowledge of a disease or infection--alleged by the employee or on behalf of the employee to have arisen out of and in the course of the employment--the employer must file with the division a Report of Occupational Injury or Illness

Insured employers must report all injuries to the insurer’s claims administrator who then files the report of injury with the Alaska Division of Workers’ Compensation. Uninsured employers are personally responsible for filing the required report of injury to the division. Injured employees may also file their own reports of injury when employers fail or refuse to do so.

Report Of Occupational Injury Or Illness. 

Notice of Enforcement Suspensions from March 31, 2020 through May 11, 2020

Emergency Declaration Following the Governor’s COVID-19 Disaster Order of Suspension No. 2, issued March 31, 2020, the Workers’ Compensation Division has made several enforcement adjustments to provide temporary relief for businesses who are struggling due to severe economic impacts related to the public health disaster emergency declaration. This does not eliminate an employer’s responsibility to provide workers’ compensation coverage under the Alaska Workers’ Compensation Act (AS 23.30). The Division of Workers’ Compensation Benefits Guaranty Fund is temporarily suspending collection of penalties for failure to insure and collection of compensation benefits paid by the Benefits Guaranty Fund on behalf of uninsured employees. In addition, the Alaska Division of Workers’ Compensation Special Investigations Unit will temporarily suspend the pursuit of criminal charges for failure to insure for workers’ compensation liability.

The division will also suspend civil fines and late fees for violations of compensation and annual report filings.

This Notice:

1. DOES NOT suspend or waive the requirement for all employers to purchase and maintain workers’ compensation insurance as required under the Alaska Workers’ Compensation Act (AS 23.30);

2. Considers the interests of public safety and the immediate need for emergency relief;

3. Creates no individual rights of action and establishes no precedent for future determinations;

4. Is inapplicable to employers, insurers, and adjusters who are in default.

To provide relief to employers, insurers, and adjusters affected by COVID-19, the agency will suspend actions related to the following through May 11, 2020:

Civil Penalties:

• AS 23.30.155(c) and (m) – civil penalty for late filed annual report and late filed compensation report

• AS 23.30.080(f), AS 23.30.255 and Regulation 8 AAC 45.176 – civil penalty assessed for employer’s violation of AS 23.30.075

• Regulation 8 AAC 45.177 (f) – collection of employer default in the payment of compensation

Criminal Penalties:

• AS 23.30.255 – criminal penalty for failure to secure payment of compensation to an injured worker

Penalties for Late Reporting  23.30.070

Failure to file the Report Of Occupational Injury Or Illness within 10 days from the employer's knowledge of an injury or death--or from the date the employer has knowledge of a disease or infection--may subject the employer and/or the insurer to a penalty equal to 20% of the amount of compensation due to the injured worker. The Statute of Limitations does not begin to run until the report is filed.