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Navigating the aftermath of workplace injuries can be a complex process, both for the injured employees and their employers. At the heart of this process in Virginia is the First Report of Injury form, a critical document required by the Virginia Workers’ Compensation Commission. This form not only serves as the initial notification of an injury but also sets the course for how the claim will be managed and processed. Employers are tasked with the responsibility of filling out this form accurately and comprehensively, capturing details such as the employer's legal name, the nature of the business, detailed information about the injured worker including their name, ID, and the nature of the injury or illness. The precise location, date, and how the accident occurred need to be documented thoroughly, alongside information about the machine, tool, or object causing the injury. The document also holds a portion dedicated to the insurer or self-insurer managing the claim, requiring policy numbers and contact information. With the deadline of switching to Electronic Data Interchange (EDI) submissions by June 30, 2009, the form underscores a transition to more efficient claims processing. Understanding and completing the First Report of Injury form is not just a legal requirement; it's a foundational step in ensuring that injured workers receive the compensation and care they need to recover and return to work, making it essential for both employers and claim administrators to grasp the significance and details of this important document.

First Injury Report Example

 

 

First Report of I nj ury

 

 

 

 

 

Virginia Workers’ Compensation Commission

 

Reason for filing:

 

 

 

 

 

 

 

 

 

 

 

 

 

1000 DMV Drive Richmond Virginia 23220

 

VWC Jurisdiction Claim # :

 

 

 

 

 

1-877-664-2566

 

 

 

 

 

 

 

 

 

 

(I f assigned)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEE I NSTRUCTI ONS ON REVERSE SI DE

 

Claim Administrator File# :

 

 

 

 

 

 

 

 

 

www.vwc.state.va.us

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer

 

 

 

 

 

 

 

 

 

Employer’s Legal Name

 

 

 

Federal Employer I dentification Number (FEI N)

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer’s Mailing Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name/ FEI N of Entity on Policy

 

 

 

Nature of Business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name and Address of I nsurer or Self-I nsurer for this Claim

Policy Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Time and Place of Accident

 

 

 

 

 

 

 

Location where accident occurred

Date of injury

 

Hour of injury

 

 

 

 

 

 

 

 

 

 

 

 

 

a.m.

 

p.m.

 

 

 

 

 

 

 

 

 

Date injury or illness reported

I f fatal, give date of death

 

I f fatal, give marital status

 

 

 

 

 

 

 

 

 

 

 

Single

Divorced

 

 

 

 

 

 

 

I f fatal, give number of dependent children

 

 

 

 

 

 

 

 

 

 

 

 

 

Married

Widowed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I nj ured W orker

 

 

 

 

 

 

 

 

 

Name of I njured Worker

 

Phone Number

 

I njured Worker I D Number

 

 

 

 

 

 

 

 

 

 

 

 

I njured Worker’s mailing address

 

 

 

 

Type of I D

 

 

 

 

 

 

 

 

 

 

 

 

Social Security No.

 

 

Employment Visa

 

 

 

 

 

 

 

 

 

Green Card

 

 

Passport No.

 

 

 

 

 

 

 

 

 

Unknown

 

 

 

Occupation at time of injury or illness

 

Date of birth

 

Sex

 

 

 

 

 

 

 

 

 

 

 

 

Male

 

Female

 

 

Nat ure and Cause of Accident

 

 

 

 

 

 

 

Machine, tool, or object causing injury or illness

 

 

 

 

 

 

 

 

 

 

 

 

 

Describe fully how injury or illness occurred

 

 

 

 

 

 

 

 

 

 

 

 

Describe nature of injury, occupational disease, or illness, including body parts affected

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signat ures

 

 

 

 

 

 

 

 

 

 

Submitter (name, signature, title)

 

 

Date

 

Phone number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submitter’s Address

VW C Form # 3

Rev. 10/ 08

First Report of I nj ury

Filing I nst ruct ions

The Virginia Workers’ Compensation Act requires that ALL injuries occurring in the course of employment be reported to the Commission pursuant to Va. Code §65.2-900.

Employer

The employer is responsible for accurately completing all sections of this form when an employee is injured. I t should be typed or legibly printed, signed, and dated by the preparer. Send the original form to the claim administrator for the insurance company who provided insurance coverage on the date of the occurrence. The claim administrator will report this information to the Commission.

Contact your workers’ compensation insurance provider for additional information.

Claim Administ rat or

Claim administrators who are EDI enabled will use the information contained on the paper form and submit electronic data to the Commission.

Claim administrators who are NOT EDI enabled must immediately file the completed form with the Commission. Please note: EDI is mandatory no later than June 30, 2009, after which time paper reports will no longer be accepted. Until you are in EDI production, mail the completed form to the Virginia Workers’ Compensation Commission, 1000 DMV Drive, Richmond, VA 23220. At the top of the form, use a numerical code (1-7) to indicate the reason for filing the form for accidents meeting one of the filing criterion.* I f none of the criteria apply, you must still report the accident, but may use either Form 45A or this form to do so. (Leave “reason for filing” blank in such a case.)

For questions or assistance in completing the form, please contact the Commission toll-free at 877-664- 2566.

*Criteria for filing are: (1) lost time exceeds seven days; (2) medical expenses exceed $1,000.00; (3) compensability is denied; (4) issues are disputed; (5) accident resulted in death; (6) permanent disability or disfigurement may be involved; and (7) a specific request is made by the Virginia Workers’ Compensation Commission.

Document Specifics

Fact Name Description
Governing Law The Virginia Workers' Compensation Act mandates reporting all workplace injuries to the Commission according to Va. Code §65.2-900.
Employer's Responsibility Employers must accurately complete all sections of the First Report of Injury Form upon an employee's injury, typing or printing legibly, signing, and dating the form before submission to the claim administrator.
Claim Administrator's Role Claim administrators who are Electronic Data Interchange (EDI) enabled submit injury data electronically to the Commission. Those not EDI enabled must file the paper form immediately with the Commission, with EDI to become mandatory by June 30, 2009.
Filing Criteria The form must be filed for accidents resulting in more than seven days of lost time, medical expenses over $1,000, denied compensability, disputed issues, death, possible permanent disability or disfigurement, or at the specific request of the Virginia Workers' Compensation Commission.
Contact Information For assistance in completing the form, contact the Virginia Workers' Compensation Commission toll-free at 877-664-2566.

Guide to Writing First Injury Report

Filling out the First Injury Report form is a critical step in ensuring that an injury occurring in the workplace is properly documented and reported to the Virginia Workers' Compensation Commission. This process helps in managing the claim effectively, facilitating timely support for the injured worker. Completing this form accurately and thoroughly is crucial for both the employer and the injured employee to ensure that the incident is recorded accurately, and all necessary steps are taken towards claiming any compensation that might be due.

  1. Identify the reason for filing the report at the top of the form using a numerical code (1-7) that corresponds to the specific situation of the accident. If the accident does not meet any of the criteria, leave the “reason for filing” section blank.
  2. Provide the Employer’s Legal Name and Federal Employer Identification Number (FEIN).
  3. Enter the Employer’s Mailing Address, including the specific Name/FEIN of Entity on Policy and the Nature of Business.
  4. List the Name and Address of Insurer or Self-Insurer for this claim, along with the relevant Policy Number.
  5. Detail the Time and Place of Accident, including the exact location, date, and hour when the injury occurred.
  6. Specify when the injury or illness was reported. If the incident was fatal, include the date of death, the marital status, and the number of dependent children of the deceased.
  7. Fill out the section detailing the Injured Worker's information, including their name, phone number, ID number, mailing address, type of ID, occupation at the time of injury, date of birth, and sex.
  8. Describe the Nature and Cause of Accident, including any machine, tool, or object that caused the injury or illness. Fully describe how the injury or illness occurred.
  9. Explain the nature of the injury, occupational disease, or illness, emphasizing the body parts affected.
  10. Have the form signed and dated by the preparer, who should also provide their name, title, phone number, and address.

Once the form is completed, it should be sent to the claim administrator for the insurance company that provided coverage on the date of the incident. They, in turn, will report this information to the Commission. For those who are EDI enabled, the information from this paper form will be submitted electronically. Completing this form with due diligence ensures that the injury is recorded in compliance with the Virginia Workers' Compensation Act, paving the way for an orderly claim process.

Understanding First Injury Report

  1. What is the First Report of Injury form used for in Virginia?

    This form is a crucial document used to report any work-related injury or illness to the Virginia Workers’ Compensation Commission. It ensures that an injury occurring in the course of employment is officially recorded, which is a requirement under the Virginia Workers’ Compensation Act. Employers are responsible for accurately completing and submitting this form whenever an employee is injured at work.

  2. Who is responsible for filling out this form?

    The employer is primarily responsible for filling out all sections of the form accurately. It should be typed or clearly handwritten, signed, and dated by the person preparing it. The completed form is then sent to the claim administrator for the insurance company that provided coverage on the date of the accident. The claim administrator is responsible for submitting the information to the Virginia Workers’ Compensation Commission.

  3. What happens if a claim administrator is EDI enabled?

    Claim administrators who are EDI (Electronic Data Interchange) enabled will use the information from the paper form to submit the data electronically to the Commission. It is mandatory for claim administrators to use EDI for submissions no later than June 30, 2009. After this date, paper reports are no longer accepted.

  4. Is there a deadline for filing this form?

    While specific deadlines for filing can vary depending on the nature of the injury and the internal policies of the employer or insurance carrier, it's essential to submit the First Report of Injury form promptly. Immediate filing ensures that the injured worker can receive benefits without unnecessary delays. For EDI enabled claim administrators, electronic submissions should be made as soon as they gather all necessary information from the paper form.

  5. What should you do if the accident doesn’t meet the criteria for filing this form?

    If the accident does not meet specific criteria outlined by the Virginia Workers’ Compensation Commission, such as expenses not exceeding $1,000 or lost time not exceeding seven days, the accident must still be reported. Employers can use either Form 45A or the First Report of Injury form for such cases, leaving the "reason for filing" section blank.

  6. What information is required on this form?

    Detailed information is necessary to complete this form, including the employer’s legal name, Federal Employer Identification Number (FEIN), the nature of the business, and the insurance details. Additionally, specific details about the accident are required, such as the time, place, and description of how the injury or illness occurred, alongside personal information about the injured worker.

  7. Where can one find assistance for completing the form?

    For assistance in completing the form, employers or claim administrators can contact the Virginia Workers’ Compensation Commission toll-free at 877-664-2566. Expert guidance can help ensure that the form is filled out accurately and meets all requirements for submission.

Common mistakes

When people fill out the First Report of Injury form, it's crucial to avoid common mistakes to ensure the process is as smooth and accurate as possible. Here are some frequent errors:
  1. Failing to complete all sections of the form accurately, which is essential for a clear understanding of the injury and its circumstances.

  2. Not providing the correct date and time of the injury, which can lead to confusion and potential issues with the claim.

  3. Using non-specific language to describe the nature and cause of the accident, thereby not giving a clear picture of how the injury or illness occurred.

  4. Not correctly identifying the machine, tool, or object causing the injury or illness if applicable, which is important for determining responsibility and preventing future incidents.

  5. Omitting details about the severity and affected body parts when describing the nature of the injury, occupational disease, or illness.

  6. Misunderstanding the purpose of the "reason for filing" section and leaving it blank or using an incorrect identifier.

  7. Forgetting to sign and date the form, which is a simple but crucial step for validating the submission.

  8. Not using the toll-free number provided for questions or assistance, which can lead to avoidable errors on the form.

  9. Overlooking the instructions for Electronic Data Interchange (EDI) enabled claim administrators, which can lead to delays if the form is not submitted correctly.

By avoiding these common mistakes, the process of reporting a work-related injury or illness can be made more straightforward and effective.

Documents used along the form

When an employee experiences an injury at work, the First Report of Injury is a critical form, but it's usually just the starting point in documenting and managing the incident. Employers, healthcare providers, and insurance companies often require additional forms and documents to process the injury claim comprehensively. Understanding these additional documents helps ensure thorough documentation and facilitates the claims process.

  • Medical Release Form: This form authorizes the disclosure of medical information from healthcare providers to the employer or insurance company. It is crucial for verifying the nature and extent of the injury and determining the employee's medical treatment and recovery status.
  • Witness Statement Form: If the injury was observed by co-workers or other individuals, their accounts of the incident are documented using this form. Witness statements can be vital for corroborating the injured employee's report of how the injury occurred and establishing the facts of the case.
  • Wage and Salary Verification Form: Used to verify the injured employee's earnings, this document supports the calculation of compensation benefits. Accurate wage information is essential for determining the amount of disability payments or lost wages due to workplace injury.
  • Employer’s Supplementary Report: In some cases, after the First Report of Injury, the employer may need to provide additional information or updates about the employee’s status, such as changes in their work ability, return to work status, or termination of employment following the injury.
  • Return to Work Form: This document is completed when an injured employee is able to return to work, either in a full or limited capacity. It may outline any restrictions or accommodations put in place to facilitate the employee’s return to work and is crucial for ensuring the worker's safe and effective reintegration into the workplace.

Each of these documents plays a specific role in the process of managing workplace injuries, from initial reporting to the final resolution of the case. They ensure clear communication between all parties involved and support the injured worker's journey to recovery. While the First Report of Injury form initiates the claim, the subsequent documents collectively provide a comprehensive account of the incident, facilitate appropriate care, and aid in the fair resolution of workers' compensation claims.

Similar forms

The First Injury Report form shares similarities with the Occupational Safety and Health Administration (OSHA) Form 300, Log of Work-Related Injuries and Illnesses. Both forms are designed to capture details about workplace injuries or illnesses, including the nature and circumstances of the incident. They require information about the injured employee, the date and time of the incident, and a description of the injury or illness. However, OSHA Form 300 is primarily used for record-keeping and tracking workplace safety, whereas the First Injury Report form is used to initiate a workers’ compensation claim.

Another comparable document is the Incident Report Form, often used by organizations to report any instance of injury, damage, or significant incident within the workplace or its premises. Like the First Injury Report form, it requires specific details about the event, including the location, time, and description of the incident. Both forms serve the purpose of documenting incidents to further assess risks, prevent future occurrences, and, in the case of the First Injury Report, to process workers' compensation claims.

The Automobile Accident Report Form, used by insurance companies and law enforcement, is similar to the First Injury Report form in its function of recording an incident's specifics. This form focuses on vehicular accidents, capturing details like involved parties, vehicle information, and accident narratives. Similar to workplace injury reports, this documentation is crucial for insurance claim processing, highlighting the importance of detailed incident reporting across different contexts.

The Employee’s Claim for Workers’ Compensation Benefits form parallels the First Injury Report form, as both initiate the process for a worker to receive benefits after an injury. However, the Employee’s Claim form is typically filled out by the injured worker themselves, providing their account of the incident, injury details, and requested benefits. While serving similar purposes within the workers' compensation system, these forms differ in their perspectives and initiators.

The Health Insurance Claim Form, used for medical billing, resembles the First Injury Report in that both involve submitting claims for coverage – the former for health insurance benefits and the latter for workers’ compensation. Each requires detailed information about the claimant and the specific services or incidents leading to the claim, though they cater to different types of insurance systems.

Property Damage Report Forms are used to document damage to property, often submitted to insurance companies or property management to initiate repairs or compensation. Like the First Injury Report, these forms capture the incident's details, including the time, location, and extent of damage. Both forms play a role in the claims process, focusing on injury on one hand and property damage on the other.

The Patient Incident Report Form, used in healthcare settings, is intended to document instances of patient injury or safety concerns. This form and the First Injury Report share the goal of recording specific incident details, including descriptions of how the incident occurred and the outcomes. Both are essential for analyzing and implementing measures to prevent future incidents, despite their different settings.

The Near Miss Report Form, used within organizations to document incidents that could have resulted in injury, illness, or damage but did not, shares its preventive purpose with the First Injury Report. By capturing what happened, including time and location, even when no harm comes from the event, both forms contribute to improving safety protocols and preventing actual incidents.

Finally, the Drug and Alcohol Testing Incident Report Form, required in the event of an accident involving commercial vehicles, documents specifics around the incident and any subsequent testing that occurred. Like the First Injury Report form, this document is essential for compliance and in initiating procedures following an incident, focusing specifically on substance testing to ensure safety and adherence to regulations.

Dos and Don'ts

When filling out the First Injury Report form, it's crucial to pay attention to both the information you include and how you present it. Here are some guidelines to ensure the process is handled correctly:

Do:

  1. Review the instructions on the reverse side of the form before starting to fill it out.
  2. Ensure all sections of the form are accurately completed, as the employer is responsible for this task.
  3. Type or legibly print the information to prevent misunderstandings or delays.
  4. Sign and date the form, as this authenticates the information provided.
  5. Send the original form to the claim administrator for the insurance company that provided coverage on the date of the occurrence.
  6. Contact your workers' compensation insurance provider if you need additional information or clarification.
  7. Use a numerical code (1-7) at the top of the form to indicate the reason for filing, based on the listed criteria.
  8. Keep a copy of the form for your records before sending it to the insurance claim administrator.
  9. If you are a claim administrator not EDI enabled, file the completed form with the Commission without delay.
  10. For questions or assistance, contact the Virginia Workers' Compensation Commission using the toll-free number provided.

Don't:

  • Delay filing the form as timely reporting is crucial for the processing of the claim.
  • Leave any sections of the form blank unless specifically instructed to do so.
  • Guess on details; verify all information for accuracy to prevent discrepancies.
  • Ignore the specified criteria for filing; it's important to know why and how to report an incident correctly.
  • Use unclear handwriting if the form is filled out manually; this can lead to errors in processing the claim.
  • Forget to indicate the reason for filing at the top of the form, especially if your case meets one of the specified criteria.
  • Omit the date of death, marital status, and number of dependent children if the accident was fatal.
  • Fail to describe fully how the injury or illness occurred and the nature of the injury, including body parts affected.
  • Submit the form without ensuring it's signed and dated by the preparer.
  • Overlook the mandatory transition to EDI (Electronic Data Interchange) reporting by the specified deadline, if applicable.

Misconceptions

Understanding the First Report of Injury form is essential for efficient and accurate reporting within the Virginia Workers’ Compensation system. However, several misconceptions can lead to mistakes or confusion in this process. Here are six common misconceptions clarified to aid in the proper utilization of this form.

  • It’s optional to file the First Report of Injury form. In reality, the Virginia Workers’ Compensation Act mandates that all injuries sustained in the course of employment must be reported to the Commission. This underscores the legal requirement to complete and submit this form for every workplace injury, without exception.

  • The form should be sent directly to the Virginia Workers’ Compensation Commission by the employer. This is incorrect. The employer is responsible for filling out the form accurately and sending the original copy to the claim administrator for the insurance company who, in turn, reports this information to the Commission. This process ensures that the claim is properly managed from start to finish.

  • Only EDI (Electronic Data Interchange) enabled claim administrators need to file the form. Although EDI enabled claim administrators will submit the information electronically, those not EDI enabled are still required to file the completed form with the Commission by the specified deadline. This ensures all claims are processed efficiently, irrespective of the technology used by the claim administrator.

  • Every section of the form needs to be filled out for every injury report. While thoroughness is important, there are instances, as specified in the instruction section, where certain criteria might not apply to an accident. If none of the specific filing criteria are met, the form can still be used with the “reason for filing” section left blank, showing flexibility in its application.

  • Paper reports will always be accepted. As of June 30, 2009, EDI became mandatory for the submission of these forms, marking a shift towards electronic filing and away from paper forms. This transition emphasizes the commission’s move towards more modern, efficient data handling practices.

  • The First Report of Injury form is only for reporting fatal accidents. Although fatal accidents are one of the criteria that necessitate filing this report, the form is not exclusively for this purpose. It also covers a range of other scenarios, including injuries that result in lost time, certain medical expenses, disputed issues, and more. This illustrates the form’s broad applicability within workers' compensation cases.

By addressing these misconceptions, employers and claim administrators can ensure that they are complying with Virginia Workers’ Compensation requirements more effectively. Proper understanding and usage of the First Report of Injury form are fundamental in ensuring that injured workers receive the benefits and support they are entitled to under the law.

Key takeaways

When an employee is injured on the job, the First Report of Injury form serves as a crucial document for initiating a claim under the Virginia Workers’ Compensation Act. Here are five key takeaways for employers and claim administrators about properly completing and using this form:

  • Timely and accurate completion is essential. Employers are responsible for accurately filling out all sections of the form after an employee's injury. This information must be typed or printed legibly, signed, and dated by the person preparing the form. Prompt submission to the claim administrator is crucial to ensure the injured worker's claim is processed without unnecessary delays.
  • Electronic submission is preferred. As of June 30, 2009, claim administrators who are Electronic Data Interchange (EDI) enabled are required to submit the information electronically to the Virginia Workers’ Compensation Commission. This mandate highlights the shift towards more efficient, paperless processing of injury reports to expedite claims handling and reduce administrative burdens.
  • Understanding the ‘Reason for Filing’ is important. The form requires specifying the reason for filing by using a numerical code (1-7) corresponding to specific criteria such as lost time, medical expenses, denial of compensability, disputes, death, potential permanent disability or disfigurement, or a request from the Commission. Proper classification supports the Commission’s ability to quickly assess and respond to the claim.
  • Comprehensive information is crucial for injury assessment. The form requires detailed information about the nature and cause of the accident or illness, including the specific body parts affected. Providing a complete and accurate description of how the injury or illness occurred is necessary for a proper assessment of the claim and for determining the appropriate compensation.
  • Guidance and assistance are available. For questions or assistance in completing the form, the Virginia Workers’ Compensation Commission offers support through a toll-free number. Employers and claim administrators are encouraged to seek assistance to ensure the form is completed correctly, which helps in avoiding processing delays and potential issues with the claim.

Accurately and promptly filling out the First Report of Injury form is a critical step in the workers' compensation claim process. It ensures injured workers receive the compensation and support they are entitled to, while also fulfilling the legal obligations of employers and claim administrators.

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