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Why an accident report is not a workers’ comp claim

On Behalf of | Jul 21, 2023 | Workers' Compensation

The aftermath of a workplace injury can be a confusing and hectic time as you begin your application for workers’ compensation benefits. Some terms might mislead you. It is important to know that an accident report, though important, does not secure your claim to benefits.

Understanding what an accident report is and who files it can help you understand what form you should file to protect your rights to workers’ compensation.

Accident reports and employers

For the purposes of the workers’ compensation system, an accident report refers to the Employer’s First Report of Occupational Injury or Illness form. Workers do not file this form. It is up to the employer to file an FRI form with the workers’ comp insurer and the state Workers’ Compensation Commission.

An insurance carrier needs an FRI form in addition to other required documents to begin your coverage. However, this form does not act as your claim that you need workers’ comp benefits.

Filing a Form 30C

To file a true workers’ comp claim, you must use a Form 30C. This is an action you should complete as soon as you can. A delay in sending a Form 30C could cause your employer to hesitate to file an FRI form or even refuse to do so in the belief that your claim is not genuine.

Getting your claim on file is an important step to protecting your rights. If your employer or the workers’ comp insurance carrier fails to take action on your behalf, filing your Form 30C should at least put you in a better position to pursue options.