Rule Update: Colo. Adds new First-Report-of-Injury Requirement

New Rule

Old Rule

5-2 FILING OF EMPLOYERS' FIRST REPORTS OF INJURY 

(A) Within ten days of notice or knowledge an employer shall report any work-related injury, illness or exposure to an injurious substance as described in subsection (F), to the employer's insurer. An employer who does not provide the required notice may be subject to penalties or other sanctions. 

(B) A First Report of Injury shall be filed with the Division in a timely manner whenever any of the following apply. The insurer or third-party administrator may file the First Report of Injury on behalf of the employer. 

(1) 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 3 days of notice to the insurance carrier or self-insured. 

(2) No more than ten days after notice or knowledge by an employer that an injury or occupational disease has resulted in lost time from work for the injured employee in excess of three shifts or calendar days, or the occurrence of a permanently physically impairing injury, or that an employee has contracted an occupational disease listed below. An occupational disease that falls into any of the following categories requires the filing of a First Report of Injury: 

(a) Chronic respiratory disease; 

(b) Cancer; 

(c) Pneumoconiosis, including but not limited to Coal worker’s lung, Asbestosis, Silicosis, and Berylliosis;(d) Nervous system diseases;

(e) Blood borne infectious, contagious diseases. 

(3) Within ten days after notice or knowledge of any claim for benefits, including medical treatment only, that is denied for any reason. 

(4) For claims with a date of injury on or after August 10, 2022, a first report of injury must be filed within ten days when medical treatment supervised by an authorized treating physician and intended to cure or relieve the injury is provided in excess of 180 days after the injury is reported to the employer. 

(C) The insurer shall state whether liability is admitted or contested within 20 days after the date the employer's First Report of Injury is filed with the Division. If an Employer's First Report of Injury should have been filed with the Division, 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 with the Division is the last day it could have been timely filed in compliance with paragraph (B) above. 

(D) The insurer shall 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. 

(E) A statement regarding liability is required for any claim in which a Division-issued workers' compensation claim number is assigned or a First Report of Injury should have been filed pursuant to paragraph (B) of this rule. A statement regarding liability shall not be filed without a First Report of Injury, Worker's Claim for Compensation, or Dependents Notice and claim having been successfully filed and assigned a workers’ compensation claim number. A First Report of Injury must be filed prior to a notice of contest being accepted by the division. 

(F) In the format required by the Director, each insurer shall submit a monthly summary report to the Division containing the following: 

(1) 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, or contraction of an occupational disease not listed in subsection (B) of the rule; and 

(2) Exposures by employees to injurious substances, energy levels, or atmospheric conditions when 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.

 5-2 FILING OF EMPLOYERS' FIRST REPORTS OF INJURY 

(A) Within ten days of notice or knowledge an employer shall report any work-related injury, illness or exposure to an injurious substance as described in subsection (F), to the employer's insurer. An employer who does not provide the required notice may be subject to penalties or other sanctions. 

(B) A First Report of Injury shall be filed with the Division in a timely manner whenever any of the following apply. The insurer or third-party administrator may file the First Report of Injury on behalf of the employer. 

(1) In the event of an injury that results in a fatality, or an accident in which three or more employees are injured, the Division shall be notified immediately. 

(2) Within ten days after notice or knowledge by an employer that an employee has contracted an occupational disease listed below, or the occurrence of a permanently physically impairing injury, or that an injury or occupational disease has resulted in lost time from work for the injured employee in excess of three shifts or calendar days. An occupational disease that falls into any of the following categories requires the filing of a First Report of Injury: 

(a) Chronic respiratory disease; 

(b) Cancer; 

(c) Pneumoconiosis, including but not limited to Coal worker's lung, Asbestosis, Silicosis, and Berylliosis; 

(d) Nervous system diseases; 

(e) Blood borne infectious, contagious diseases. 

(3) Within ten days after notice or knowledge of a claim for benefits, including medical benefits only, that is denied for any reason. 

(C) The insurer shall state whether liability is admitted or contested within 20 days after the date the employer's First Report of Injury is filed with the Division. If an Employer's First Report of Injury should have been filed with the Division, 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 with the Division is the last day it could have been timely filed in compliance with paragraph (B) above. 

(D) The insurer shall 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. 

(E) No statement regarding liability is required unless a Workers' Compensation claim number is assigned or a First Report of Injury should have been filed pursuant to paragraph (B) of this rule. The Division cannot accept a statement regarding liability without a First Report of Injury, Worker's Claim for Compensation, or Dependents Notice and claim having been successfully filed and assigned a claim number. 

(F) In the format required by the Director, each insurer shall submit a monthly summary report to the Division containing the following: 

(1) 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, or contraction of an occupational disease not listed in subsection (B) of the rule; and 

(2) Exposures by employees to injurious substances, energy levels, or atmospheric conditions when 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.