Claims Kit

Reporting of Claim by Employer Rule 1

If an injury results in death, a specific loss, or a disability of seven days or more, the employer is required to report that injury to the agency on a Form WC-100.

An employer must give a copy of the report of injury (form 100) to the injured employee immediately, and in the case of death, to the dependent. Form 100 indicates compliance with this requirement. A delay in reporting will not occur because of this requirement.

In the case of death, Form WC-106 must also be filed.

Record Retention 418.805

Every employer who is subject to this act shall keep a record of all injuries causing death or disability of any employee arising out of and in the course of the employment, which record shall give the name, address, age, wages of the deceased or disabled employee, the time and cause of the accident, the nature and extent of the injury and disability and such other information as the director may reasonably require. Reports based upon such record shall be furnished to the bureau at such times and in such manner as the director may reasonably require.

Posting Requirements

While the law does not require any type of postings, employers are encouraged to print and place the following publications in areas for employees to review:

Employees - Know Your Rights poster (WC-PUB-005)
Rights & Responsibilities poster (WC-PUB-006)

Penalties for Late Reporting 418.801(5)

An employer who has notice or knowledge of the disability or death and fails to give notice to the carrier shall pay the penalty provided for in subsection (2) for the period during which the employer failed to notify the carrier.

If weekly compensation benefits or accrued weekly benefits are not paid within 30 days after becoming due and payable, in cases where there is no ongoing dispute, $50.00 per day will be added and paid to the worker for each day over 30 days in which the benefits are not paid. Not more than $1,500.00 in total may be added pursuant to this subsection.

Physician Selection    418.315

During the first 28 days of treatment the employer has the right to choose the doctor. After that the employee is free to change doctors if he or she so desires. The employee, however, must notify the employer of the change. The employer or the employer's carrier may file a petition objecting to the named physician selected by the employee and setting forth reasons for the objection. If the employer or carrier can show cause why the employee should not continue treatment with the named physician of the employee's choice, after notice to all parties and a prompt hearing by a worker's compensation magistrate, the worker's compensation magistrate may order that the employee discontinue treatment with the named physician or pay for the treatment received from the physician from the date the order is mailed