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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.

Content Disclaimer: The information provided herein is for informational, educational and discussion purposes only and shall serve solely as a resource to be used together with your ABD professional insurance advisors in making risk management decisions. While ABD endeavors to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information contained in this document. The information provided herein does not constitute professional advice, nor does ABD provide professional advice beyond our current or prospective broker-client relationship. If you have legal, tax or financial planning questions, we advise you to contact a licensed professional. If any actions or decisions are made based solely on the information provided herein without consultation with a licensed professional, you do so at your own risk and ABD shall have no liability resulting from such action or decisions.

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