Comp Confusion Corner
Common work comp questions answered
Q: When do I file a Workers' Compensation Claim?
Answer:
Finally, a simple question with an easy answer, right? Perhaps, if you know what an injury is versus an incident and what your responsibilities are as an employer.
Clearly if and employee slips and falls fracturing their wrist in the assembly area we have both an incident and an injury. But what about when that same employee slips and falls and does not sustain an injury? The supervisor dutifully and immediately inquires if the employee is alright, but the employee says he’s fine. What then?
Labor Code section 3208.1 defines injury. In summary it is an incident or exposure, either specific or cumulative, that causes disability or need for medical treatment. Without a disability or the need for medical treatment there is no injury or reportable claim.
Even with an incident it’s always wise to conduct an accident investigation. Identifying unsafe acts or hazards and correcting them will help you avoid more serious incidents down the line.
