Claims Kit

Reporting of Claim by Employer  62-6-2

An employer who has knowledge of an injury that requires medical treatment other than minor first aid or that incapacitates the employee for 7 or more calendar days must file a written report with The Department of Labor when the employer is self-insured or the employer's insurer.

The report must be filed within 7 calendar days, not counting Sundays and legal holidays, after the employer has knowledge of the injury unless the employer had good cause for failing to file the written report within the 7 day period.

Penalties for Late Reporting  62-6-2,  62-6-3

Any employer who fails to file a report is guilty of a Class 2 misdemeanor and is subject to an administrative fine of $100.

The insurer is required to send a copy of the injury report to the Department of Labor within 10 days. Failure to comply may result in a fine of $100.

Physician Selection Statutes 62-4-1, 62-4-43

The employee has the right to make the initial selection of a medical practitioner (defined as a licensed health care provider) and must notify the employer of his selection prior to treatment or as soon as reasonably possible after treatment has been provided. The employee must obtain written permission from the employer or insurer before changing health care practitioners. The employee may obtain a second opinion at his own expense. The employer also has the right to a second opinion. Services may also be regulated by the insurer's designated managed care plan.

Posting Requirements Statute 62-2-11, Rule 47:03:03:01

Employers must display informational postings promoting safety in the workplace in visible locations throughout the business premises. There is no required format for this poster.