First aid reporting has changed. No longer is an incident “legally defined” as first aid a no-report event.
Effective January 1, 2017 the California Insurance Commissioner upheld and approved a Workers’ Compensation Insurance Rating Bureau (“WCIRB”) regulatory filing amending the California Workers’ Compensation Uniform Statistical Reporting Plan-1995 (“USRP”) to require all first aid incidents resulting in payment of any kind of treatment no matter how small must be reported to an employer’s insurance company.
Every physician must report a first aid incident via a complete report of occupational injury or illness pursuant to Labor Code § 6409. Every employer shall file a complete report of every occupational injury or occupational illness, as defined in subdivision (b) of Section 6409 and now must include first aid incidents to its insurance company based on the above amendments.
An employer may be fined anywhere from $50.00 to $200.00 for failure to report. Recently a non-PKNW attorney inquired as to the statute serving as the legal basis of any fine. Some PKNW clients have inquired as well. The statute is Labor Code § 6413.5. Be aware as well California Insurance Code Section 11755, which prohibits willful withholding information from or knowingly giving false or misleading information to the commissioner or to any rating organization, which will affect the rates, rating systems or premiums for workers’ compensation insurance.
Both the above may result in potential liabilities for employers who fail to comply with the new reporting requirements, even if only attorney fees to defend alleged violations.