Claims Kit

Posting Requirements  11-9-407 

 Every employer who has secured compensation under the provisions of this chapter will keep posted in a conspicuous place in and about the employer's place of business typewritten or printed notices in accordance with a form prescribed by the Workers' Compensation Commission. The notices will state that the employer has secured the payment of compensation in accordance with the provisions of this chapter.

The notices will contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy.

Penalties for Late Reporting   11-9-529

Any employer who after notice refuses to send any report required is subject to a civil penalty in an amount up to five hundred dollars ($500) for each refusal.

Physician Selection . 11-9-508, Rule 33.

Employers or their insurance representatives have the right to choose doctor(s) to treat injured workers, but notice of these choices must be given to employees. If the employer's representative has a managed care organization (MCO) for work-related injuries, a health notice (Form H) must be posted at the business. 

If the employer fails to provide the medical services within a reasonable time after knowledge of the injury, the Workers' Compensation Commission may direct that the injured employee obtain the medical service at the expense of the employer, and any emergency treatment afforded the injured employee will be at the expense of the employer.

Change of Physician

The injured employee has the right to petition the commission for a one-time only change of physician to one who is associated with a managed care entity certified by the commission or is the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a certified managed care entity for any specialized treatment, including physical therapy, and only if such primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity initially chosen by the employer.

Reporting of Claim by Employer     11-9-52  Rule 08

Within ten (10) days after the date of receipt of notice or knowledge of injury causing loss in excess of 7 days or death, the employer will send to the Workers' Compensation Commission a report setting forth:

(1) The name, address, and business of the employer;

(2) The name, address, and occupation of the employee;

(3) The cause and nature of the injury or death;

(4) The year, month, day, and hour when, and the particular locality where, the injury or death occurred