Claims Kit

Reporting of Claim by Employer  Chapter 152: Section 6

The employer or insurer must file sufficient notice of injury with the Department of Industrial Accidents (DIA). Notice is due in the form of an Employer's First Report of Injury or Fatality (Form 101). This is due within 7 calendar days (not including Sundays and legal holidays) from the worker's 5th full or partial day of disability.

All FROIs are submitted to DIA electronically. See Forms and Filing Instructions for further details.

Physician Selection  Chapter 152: Section 30  Chapter 152: Section 45

Except for the employee’s first scheduled appointment, which an employer may require to be with a health provider within their preferred provider arrangement, the worker has the right to choose their own healthcare professional for treatment. They are further permitted to change this elected physician once. 

When referred by the treating health care professional to another provider in a particular specialty, the employee may also change once to a different provider in that specialty. In cases of emergency or where the insurer or administrative judge agrees, the employee may seek treatment from additional providers

An employer may request, from time to time, that an employee submit to an examination during the continuance of his disability

Posting Requirements  Chapter 152: Section 21, Chapter 152: Section 22 Chapter 152: Section 30

The Department of Industrial Accidents (DIA) has revised the Notice to Employees poster (in English, in Spanish) and has established new notice requirements. On or before September 16, 2024, all employers must utilize and repost the revised Notice to Employees poster. All employers must:

• Fill out the Notice to Employees.
• Post the notice in a visible location utilized and accessible to all employees.
  • If no such location exists the poster must be distributed to employees electronically or by a mailed physical copy.
• Update, re-post, and re-distributed whenever any of the information changes.

Penalties for Late Reporting  Chapter 152: Section 6

Most claims must be reported to the Department of Industrial Accidents (DIA) within 7 calendar days--not including Sundays or legal holidays--from the 5th full or partial calendar day of disability. 

Any person who fails to provide satisfactory claim reporting notice three or more times in any year will incur a fine of $100 for each violation. Each failure to pay a fine within 30 days of receipt of a bill from the DIA will be considered a separate violation.