
employees & employers
What to Do and Expect When an Employee Injury Occurs at Work
It is highly important for an employer to provide consistent safety briefings for its entire workforce on a regular basis to ensure both employees and supervisors are well-informed as to what to do when an injury or death occurs at work, including the reporting of such injury and accident immediately to their Safety Officer, Foreman, or Personnel Specialist responsible for handling and processing workers compensation reporting for the employer.
The following is a general guideline and process the employer must take and anticipate anytime an employee injury or death occurs at work.
1
Injury Occurs
2
Authorize Treatment
3
Report
Injury
4
Employee Files Claim
Step 1 - When an Employee Injury Occurs at Work.
When an injury occurs at or away from work, medical aid must be provided immediately to the injured employee before referring or taking the employee to the local hospital. It is important for the employer to assist, inform, and obligate the injured employee to be taken to the hospital for treatments.
Step 2 - Authorization of Medical Treatment at the Hospital.
If an injured employee is referred or taken directly to the local hospital, the employer must provide the employee with a completed Form STD-29: Authorization of Medical Treatments. The employee must provide this form to the hospital. It is prohibited for an employee to fill the authorization form on his or her own behalf other than the employer. By completing this form, the employer authorizes the hospital to provide all the necessary medical treatments and related services to treat the employee on behalf of the employer.
In case of emergency or injury occurs away from the employment site, the employer is fully advised to prioritize on taking care of the injured employee first before filling the authorization form. The employer is given 2-days from the date of injury or upon receiving knowledge of such injury to provide the completed STD-29 form to the medical provider.
Step 3 - Report Injury by Employee and Employer.
Reporting an injury or death at work is required by law. This requirement is mandated for both the employer and the injured employee. Filing an injury reporting notification does not constitute or officiate the filing of a claim before the Commission or the employer's authorized insurance carrier. Filing a claim is a separate process.
Injury Reporting Requirement for the Employee:
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The injured employee has 30-days from the date of injury to notify and report such injury to the employer through a form prescribed by the Commission. To report an injury notification, the employee is required to use Form STD-28: Employee's Notification of Injury.
Injury Reporting Requirement for the Employer:
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It is required by law for an employer to report an employee injury or death at work to the Commission within 10-days from the date of injury or upon receiving first knowledge of such injury. To report an injury notification before the Commission, the employer must use the Form STD-27: Employer Report of Occupational Injury & Illness. A copy of the completed form must also be provided to the employer's insurance carrier and medical provider.
Step 4 - Injured Employee Decides to File a Claim.
If the employee decides to file a claim, he or she may do so at any time after the first 7 days of disability, or within 1 year from the date of injury. An employee may file a workers compensation claim directly with the employer's authorized workmen's compensation insurance carrier, or directly with the self-insurer employer (which is the case for employees of the Territorial Government).
For claims filed before the Commission, once an employer receives a notification that a claim has officially been filed by the employee, the employer has 20-days to respond and order a hearing to dispute and deliberate such claim. By law, failing to order a hearing within the prescribed period will allow the Commissioner to determine either to award or deny the claim.
If an employer disputes and contests the compensation of such claim, it is required by law for the employer to file Form PER-37: Notice to Controvert Claim with the Commissioner within 14-days upon receiving knowledge of such injury (or within 14-days upon receipt of the employee's injury report, or within 14-days upon receiving a Notice of Claim Filed). Failing to properly file a controvert notice on time may award the employee his claim.