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When Reporting Injuries, Timing Is Everything – And It’s the Law

December 1st, 2011

State Compensation Insurance Fund

For workplace injuries, California Labor Code Section 5401 starts the clock ticking right away, making you and State fund partners in time. For both of us the time is short to act, and it’s the law to do very specific things in specific time frames.

  • One day – 24 hours – is all the time you have to provide your injured employee with a claim form and a notice that he or she is potentially eligible for benefits.
  • Just 90 days is all the time we have to reject the claim, if appropriate. Failure to reject the claim within this period results in a presumption of compensability. In other words, without rejecting in time, we have to pay that claim, even if we later procure evidence to rebut the claim.

How to Stop the Clock

  • Immediately report to us, regardless of the source of information, all alleged work-related injuries as soon as you are aware of the claim. An Employer First Report of Injury form 3067 will need to be completed.
  • Give your employee claim form 3301 right away and have them complete the form, or someone else on his or her behalf if they are incapacitated. The claim requires you to take immediate action and let us know about the work-related injury that resulted in lost time from work, or medical treatment beyond first aid.
  • Your prompt reporting gives us the time we need to conduct a thorough investigation to protect your best interests and ours. This timing is especially important when liability for the claim is uncertain. Any delay on your part not only could hinder our ability to properly protect your interests but also could require us to accept any disputed claims for medical and disability benefits.

Anytime – day or night – you can call our Claims Reporting Center at (888) 222-3211 for assistance. Your prompt response, upon receipt of a claim, benefits our business partnership and the entire workers’ compensation insurance industry as well.

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