Insurance & LiensQuestion 461 of 1632

After an employee reports a work injury, within what time must the employer provide a workers' compensation claim form (DWC-1)?

a.Within twenty-four hours of the injury first occurring
b.Within thirty days of the injury being reported
c.Only once the employee has actually been seen by a doctor
d.Within one working day of learning of that injury

Explanation

§5401(a) gives the employer one working day from receiving notice or knowledge of the injury to provide, personally or by first-class mail, a claim form together with a notice of potential eligibility for benefits — to the injured employee, or to the dependents where the injury was fatal. The duty has a threshold: it arises where the injury results in lost time beyond the work shift in which it happened, or in medical treatment beyond first aid, and the section defines first aid narrowly as one-time treatment plus a follow-up observation visit for minor scratches, cuts, burns or splinters, and it stays first aid even when a physician provides it. (c) inverts that threshold: treatment beyond first aid is one of the things that triggers the form, not a precondition to handing it over. (a) and (b) both start the clock at the injury itself rather than at the employer's notice or knowledge, which is what §5400 and §5402 are about, and then choose a period the statute never uses.

Law Reference: Labor Code §5401(a); §5400; §5402

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