Scott Eugenio, Records & Claims Supervisor for the State of Hawaii’s Department of Labor & Industrial Relations (DLIR) Disability Compensation Division (DCD), recently answered some common questions regarding the filing of the Form WC-1 Employer’s Report of Industrial Injury. Form WC-1 has recently garnered more attention since DLIR began enforcing a penalty for late or incomplete filings. The maximum penalty for failure to timely file a workers’ compensation report is $5,000.
- What are common errors in the Form WC-1 filings that require DCD to follow up with employers before it can deem the form as complete and timely filed?
WC-1 discrepancies that require employer cooperation and response before DCD can deem it a timely filing include:
- DOL number is invalid. The DOL number is needed to make the distinction between other employers with similar names. The DOL number is a 10-digit number that is the same number used for Unemployment Insurance filings or Temporary Disability Insurance filings. Those who file payroll reports will know the DOL number.
- Invalid disability date. For instance, if the “date of injury reported” precedes the “date of injury,” DLIR must address this discrepancy before processing the form.
- Incorrect name, birthdate, or social security number. If the claimant’s name, birthdate, or social security number conflicts with information in DLIR’s database from previously filed workers’ compensation claims, a red flag will be raised and DLIR must follow up with the employer or insurer.
Sometimes, the Form WC-1 is submitted with missing or invalid insurance adjuster ID. However, since DLIR has sufficient information to process the form, this violation is not considered a major problem. DLIR can still deem the form timely filed with missing or invalid insurance adjuster ID information, though it is preferable that the Form WC-1 include the correct information.
- Must the Form WC-1 be filed within 7 days of injury or within 7 days from knowledge of the injury?
Some employers have asked whether they must file the form within 7 days of injury or 7 days from knowledge of the injury. Form WC-1 currently states the form must be filed “within 7 working days after the injury” and does not mention the employer’s “knowledge” of the injury. In contrast, the instructions for Form WC-1 created by HIOSH states that the employer must file the report “within 7 working days after knowledge of such injury.”
The answer to this question is rooted in the statute. Under the workers’ compensation law, employers have 7 working days after knowledge of the injury to file the claim. HRS § 386-95 provides, “Within seven working days after the employer has knowledge of such injury causing absence from work for one day or more or requiring medical treatment beyond ordinary first aid, the employer shall make a report thereon to the director.”
- Must the Form WC-1 be filed within 7 working days or within 7 calendar days?
To avoid a penalty for late filing, the Form WC-1 must be filed within 7 working days after the employer has knowledge of the injury. When counting the 7 working days, the term “working days” excludes Saturdays, Sundays, and holidays.
Example. If the date of injury is 2/5/2018, but the injury was reported to the employer on 2/13/2018, the WC-1 must be filed with DCD on or before 2/23/2018. This situation considers the fact that Monday, 2/19/2018, is a holiday (President’s Day) and also excludes the weekend (2/17/18 and 2/18/18) when counting “working days.”