First Report of Injury or Illness
What does First Report of Injury or Illness mean?
The First Report of Injury or Illness form is the form completed by the employer to report a work-related injury to their insurance company. The First Report of Injury or Illness form should be completed for all work-related injuries which result in restricted work, the need to change to a new job, days of work missed, loss of consciousness, or the need for medical care. States may use the same form or create their own form, but the information contained on the forms is similar.
The number of days a company has to file the First Report of Injury or Illness form also varies by state. Whether the employer is required to file the First Report of Injury or Illness form with both the insurance company and the state's Worker's Compensation Division also varies by state. In some states the employer is only required to complete the form and file it with their insurance company, and the insurance company files the form with the state's Worker's Compensation Division. In other states the employer must file the First Report of Injury or Illness form with both the insurance company and the state's Worker's Compensation Division.
What if employer refuses to file the First Report and Injury or Illness form?
If you have been injured while performing your normal job requirements and your employer has workers' compensation insurance they are required by law to complete the First Report and Injury or Illness form. If they refuse to do so you should contact your state's Worker's Compensation Division immediately or contact a workers' compensation lawyer for more information about your rights to receive compensation for your injuries and lost wages.
After the First Report and Injury or Illness form is filed
After the First Report and Injury or Illness form is filed the employer's work comp insurance company will review the claim and determine if it is valid workers' compensation case. If the claim is approved the injured worker will be required to get medical treatment from an authorized medical provider.
If the injured worker's case is not approved the injured worker may file a formal Claim petition or an Application for an Informal Hearing with the Division of Workers' Compensation. The appeals process can vary by state. Workers often have to appeal denied claims. For instance, you may have to prove your injury or illness was related to work, you may have to prove you need more medical care than the employer or insurance company believes you need, or you may have to provide more medical information that your level of disability is greater than first determined. Talk to a work comp lawyer for more information about appealing your work comp denial.