Required Changes to Employer Workers’ Compensation Injury Notices, Effective Aug. 10, 2022

Posted by: Karen Booher on July 29th, 2022

This past spring, the Colorado legislature passed a law (HB22-1112) that increases the number of days an employee has to report a workplace injury from 4 to 10 days. The law requires new notices to be posted in all Colorado workplaces effective August 10, 2022.

The following is referenced directly from the Colorado General Assembly website, regarding HB22-1112.

Bill Summary

Current law requires an injured employee or someone else with knowledge of the injury to notify the employer within 4 days after the occurrence of an on-the-job injury, authorizes a reduction in compensation to the injured employee for failure to timely notify the employer, and tolls the 4-day period if the employer has failed to post a notice specifying the injured employee’s notification deadline. The bill changes the 4-day notice period to a 10-day notice period and repeals the tolling and compensation reduction provisions. If an employer fails to provide a copy of the notice of the injury to the employee or fails to post the required notice to employees, the bill specifies that the time period allotted to the employee is tolled for the duration of the failure. If the employer already has notice of the injury or the employee shows good cause for the failure to report the injury, the employee does not lose compensation for the failure to report.

The bill also changes the notice that an employer is required to post in the workplace to require that the notice state the name and contact information of the insurer and that the:

• Employer is responsible for payment of workers’ compensation insurance;
• Injured employee has rights under the law if the employer fails to carry workers’ compensation insurance;
• Employee should seek medical attention; and
• Injury must be reported in writing to the employer.

With regard to occupational diseases, the bill also:

• Repeals the requirement that an employee notify the employer of an occupational disease within 30 days of contraction of the disease and instead requires an employee to notify the employer upon manifestation of the disease; and
• Repeals the provision that states that an employer is deemed to waive a failure to give notice of an occupational disease or death resulting from the disease unless the employer objects at a hearing on the claim prior to any award or decision.

How To Comply

We recommend contacting your Workers’ Compensation provider. They should be able to provide you with a new notice to keep your company in compliance.

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Sources:

1. Pinnacol Assurance, July 2022 newsletter. “New law, new required poster for your workplace”.
2. https://leg.colorado.gov/bills/hb22-1112
3. https://leg.colorado.gov/sites/default/files/2022a_1112_signed.pdf