Notice of Incident = WC Claim Filing?

April 20, 2021

If you are an employer, attempting to save money by not reporting a "claim" and classifying it as a 'near miss' or 'report only' can have consequences. We have seen this take place far too often, many 'incidents' not reported to workers' compensation as claims, left unaddressed with no medical review or compliance evaluation for in some cases years...only then to become responsible for the claim once it is presented by the injured worker or their attorney.

In one example, a 'slightly strained ankle' which undisputedly took place in the workplace resulted in a significant lost time/impairment case after two failed surgeries...over $300,000 spent on a claim that if it had been reported and immediate medical intervention was taken would have remained a less than $20,000 medical only claim with no impairment. The common question is "what is notice of a claim"?

This article gives some insight as to how a number of jurisdictions view the responsibility of the employer.