Q: employee never said he hurt back, no report. went to dr. on his own and said work related. Is that protocol correct?
I have a new hire, less than 3 months. He took off yesterday and today and said he went to dr. about his back, he never said his back was hurt. Do I have any recourse?
A:
An employee has up to 120 days after a work injury to report it to their employer. Once it is reported, you should complete the necessary forms and submit them to your workers' compensation carrier. You should also provide them with your list of panel providers and have them sign indicated they have received the list. Assuming your provider list is in compliance with the PA Workers' Compensation Act, the employee is required to treat from this list for the first 90 days. If they fail to do so, you and your workers' compensation carrier should not be responsible for payment for that treatment during the 90 day period. If your carrier denies the claim, the employee is free to treat wherever they wish even during the first 90 days.
As to the protocol, obviously it is preferred for the employee to report the injury before seeking treatment, but it is not required and in some emergency situations, it isn't even possible.
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