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Question about Workers Comp Paperwork

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  • Question about Workers Comp Paperwork

    Is there any type of penalty in the state of Virginia for NEVER having filed a worker's comp claim? This employee never went to a doctor when this accident occurred in the work place but reported it immediately to her supervisor who had her type up exactly what happened and placed it in her personnel file. I thought there was some type of fine for not reporting even those accidents where no medical attention was required.

  • #2
    The employer filed an accident report and even allowed the injured employee to type it up in her own words. That is the standard procedure in any company. If it was a minor injury that will not resurface, what is there to claim? Any on the job accident that requires medical attention should be filed under wkscmp, but the minor ones that can be medically attended in house often are filed and taken care of by the company. Check with your local workerscomp bureau.
    Some live and learn while some learn to live

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    • #3
      I must not have made myself very clear. The only paperwork that was completed was my own accounting of the accident. There was NO report by my employer to our HR department OR to our state's worker's compensation bureau. Just a piece of paper placed in my file. I'm sorry that I didn't make that clear but I don't have a good understanding of the law obviously or I wouldn't be asking the question.

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      • #4
        I also was under the impression that the employer is NOT a doctor therefore how would they be able to determine that the minor injury would not recur? I thought they had a certain amount of hours to notify the State's worker's compensation bureau. I find it hard to believe that you know that is standard practice- for the employer to take it upon themselves to make this determination of someone else's health problems. And what do you mean, "what is there to report". There is an accident on their property to report.

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        • #5
          Originally posted by MomDee
          I also was under the impression that the employer is NOT a doctor therefore how would they be able to determine that the minor injury would not recur? I thought they had a certain amount of hours to notify the State's worker's compensation bureau. I find it hard to believe that you know that is standard practice- for the employer to take it upon themselves to make this determination of someone else's health problems. And what do you mean, "what is there to report". There is an accident on their property to report.
          That's right, the company personel may not be physicians. Does the company have a nurse....did you seek other medical advice? On accident reports there is a section that ask did the injured person need medical attention, if so, to what degree? This form is used in addition to wkcomp forms. At that point you can request too have a physician evaluate the injury. Have you done that? I did not say that the company had determined your injury, i said minor injuries are often handled by the company. Moreover, i suggested that you contact your local bwc agency. To answer your first question, ask your employer if you can file a claim with the bwc, then GO TOO THE DOCTOR!
          Last edited by knot; 04-04-2006, 07:06 AM. Reason: more
          Some live and learn while some learn to live

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          • #6
            There is a standard as to when a claim must be filed with the state. It never has to be filed with the carrier if the employer chooses to pay any costs out of pocket. It is smart to do so, but not legally required.

            The threshold for reporting varies by state but essentially, if it requires follow up treatment or lost time, it would meet this. There may also be State OSHA or even federal OSHA guidelines for certain types of injuries but that wouldn't apply to your run of the mill accident.

            Yes, the state can assess penalties for failure to report these claims. Those too vary by state, as does the time period required to file. Any fines would go to the state, not the employee. Filing or not filing has no effect on your ability to seek treatment or file a claim of your own with the state WC Commission.

            For the most part the employer relies on the employee to inform them of the seriousness of the injury and whether or not they seek treatment. If no treatment is sought and the employee just reported the incident for safety or information purposes, it need not be filed with anyone. If the employee later seeks treatment, then they need to inform their employer.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment

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