Do You Know the Rule? Colo. First Report of Injury

17 Nov, 2022 Frank Ferreri

                               

Denver, CO (WorkersCompensation.com) -- Filing a first report of injury is an important step employers and their insurers must ensure happens when a worker gets hurt on the job.

Colorado, like other states, details requirements that must be met when a first report of injury is on the agenda. Here's a look at the Centennial State's rules on first reports of injury.

The Basics

Within 10 days of notice or knowledge, an employer shall report any work-related injury, illness, or exposure to an injurious substance to the employer’s insurer. An employer who does not provide the required notice may be subject to penalties or other sanctions.

If an injury results in a fatality, or three or more employees are injured in the same accident, a first report of injury shall be filed with the division within three days of notice to the insurance carrier or self-insured.

When a First Report of Injury Must be Filed

A first report of injury must be filed within ten days of an employer receiving notice or knowledge of any of the following events:

  • An injury or occupational disease has resulted in lost time from work for the injured employee in excess of three shifts or calendar days
  • The occurrence of a permanently physically impairing injury
  • When medical treatment supervised by an authorized treating physician and intended to cure or relieve the injury is provided more than 180 days after the date of injury
  • An employee has contracted an occupational disease listed in any of the following categories:
    • Chronic respiratory disease
    • Cancer
    • Pneumoconiosis, including but not limited to coal worker’s lung, asbestosis, silicosis, and berylliosis
    • Nervous system diseases
    • Blood borne infectious, contagious diseases
  • Within ten days after notice or knowledge of any claim for benefits, including medical benefits only, that is denied for any reason
Contesting Liability

Insurers state whether liability is admitted or contested within 20 days after the date the employer’s first report of injury is filed. If an employer’s first report of injury should have been filed but wasn’t, the insurer’s statement concerning liability is considered to be due within 20 days from the date the employer’s first report of injury should have been filed. The date a first report of injury should have been filed is the last day it could have been timely filed.

Insurers must state whether liability is admitted or contested within 20 days after the date the Division mails to the insurer a worker’s claim for compensation or dependent’s notice and claim for compensation.

Monthly Reports

Insurers must submit a monthly summary report containing the following:

  • Injuries to employees that result in no more than three days’ or three shifts’ loss of time from work, no permanent physical impairment, no fatality, active medical treatment less than 180 days or contraction of an occupational disease
  • Exposures by employees to injurious substances, energy levels, or atmospheric conditions the employer requires the use of methods or equipment designed to prevent such exposures and where such methods or equipment failed, was not properly used, or was not used at all
Get the latest information on claims and compliance in Colorado and 52 other U.S. jurisdictions on WorkCompResearch 

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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