The Indiana Worker’s Compensation Board has announced that as of April 1, 2020, it will begin evaluating the filing of Indiana State Form 34401, Indiana Worker’s Compensation First Report of Employee Injury, Illness for timeliness and will issue penalties for those reports which are untimely.
What is the time for filing? An employer which is insured for worker’s compensation must provide a report concerning a work-related injury or illness to its insurance carrier within 7 days after the employer’s knowledge of the injury or illness, either actual or alleged. Then, the insurance carrier must file Form 34401 within 7 days after receipt or 14 days after the date of the employer’s knowledge, whichever is later. A self-insured employer must provide Form 34401 to the Worker’s Compensation Board within 7 days after the employer’s knowledge of the injury or illness, either actual or alleged. The report must be submitted pursuant to the Board’s EDI 3.1 procedures.
What is an injury for reporting purposes? A death or the need for medical care beyond first aid must be reported. Indiana law also states that the reporting requirement is intended to be consistent with the OSHA reporting requirement established at 29 CFR 1904.7. This means that reporting is required for death or any injury or illness which causes days away from work, restricted work, transfer to another job, medical treatment beyond first aid, or loss of consciousness. And, even if none of those events has occurred, reporting is required for a significant injury or illness diagnosed by a physician or licensed health care provider.
What are the penalties? After notice and a hearing, the Board may assess a civil penalty of $50 for the first violation, $150 for the second unrelated violation, and $300 for the third and subsequent unrelated violations.
You should look at your reporting practices and procedures now to make sure that timely reporting is a priority.