Occupational Health & Safety Alert - First Aid Claims
What is considered a First Aid Injury?
California Labor Code section 5401(a) defines first aid as “any one-time treatment, and any follow up visit for observation of minor scratches, cuts, burns, splinters, or other minor industrial injury which do not require medical care. This one-time treatment, and follow up visit for observation is considered first aid even though provided by physician or registered professional personnel”.
What are the reporting requirements of a first aid injury?
Cal OSHA Form 300 (log of work related injuries and Illnesses)
Under section CCR Title 8 14300.7 first aid injuries are not considered recordable.
A work-related injury or illness must be recorded if it results in one or more of the following:
- Death
- Days away from work
- Restricted work or transfer to another job
- Medical treatment beyond first aid
- Loss of consciousness
Reference can be found here: Cal/OSHA Forms for Recording Work-Related Injuries and Illnesses
Workers’ Compensation insurance carrier or Third Party Claims Administrator
The Workers’ Compensation Insurance Rating Bureau (WCIRB) submitted a change to the Department of Insurance regarding the definition of medical only claims to specify that all claims for which any medical care is provided, including those involving first aid must be reported to the WCIRB. This was approved and will be effective January 1, 2017.
As of January 1, 2017, employers will need to report all claims in which medical care is provided, including first aid to their workers’ compensation insurance carrier or third party claims administrator.
Reference can be found here: WCIRB Quick Reference Guide
Physician Reporting
California Labor Code, section 6409(a) requires a physician who treats an injured employee to file a Doctor’s First Report of Injury (DFR) with the claims administrator for every work illness or injury, even first aid cases where there is no lost time from work. There is no “first aid” exception to this statute.
About the author
Robin Hendrickson
As Newfront’s Occupational Health & Safety practice leader, Robin leads a team of experienced workers’ compensation claims management, wellness initiative, and loss mitigation and strategy consultants. Robin, and her team, work with employers to reduce occupational risk exposures, implementing best practices to control claim costs, and keeping employees safe, healthy, and productive.
The information provided is of a general nature and an educational resource. It is not intended to provide advice or address the situation of any particular individual or entity. Any recipient shall be responsible for the use to which it puts this document. Newfront shall have no liability for the information provided. While care has been taken to produce this document, Newfront does not warrant, represent or guarantee the completeness, accuracy, adequacy, or fitness with respect to the information contained in this document. The information provided does not reflect new circumstances, or additional regulatory and legal changes. The issues addressed may have legal, financial, and health implications, and we recommend you speak to your legal, financial, and health advisors before acting on any of the information provided.
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