PA 17-141—sHB 7132

Judiciary Committee

AN ACT CONCERNING THE PROVISION OF NOTICE OF A CLAIM FOR COMPENSATION BY AN EMPLOYEE TO AN EMPLOYER OR A WORKERS' COMPENSATION COMMISSIONER

SUMMARY: The law generally requires a private-sector employee seeking workers' compensation benefits to submit a written notice of claim for compensation to either a workers' compensation commissioner or the employer's last known residence or place of business. This act allows private-sector employers to notify employees, in a posting, of the location to which employees must send the notice (presumably a specific address). The posting must be in a workplace location that prominently displays other labor law posters required by the labor department. The act requires those employees who mail the notice to their employer to do so by certified mail.

Under the act, employers who opt to post such an address must also forward it to the Workers' Compensation Commission, which must post the address on its website. Employers are responsible for verifying that the information posted at the workplace location is consistent with the information posted on the commission's website.

By law, within 28 days after receiving an employee's written notice of claim, an employer must either (1) file a notice contesting liability with the compensation commissioner or (2) begin paying workers' compensation benefits to the injured employee (and retain the ability to contest the claim for up to one year). Employers who take neither of these actions within 28 days of receiving the notice are conclusively presumed to have accepted the claim's compensability. Under the act, if an employer posts an address where employees must send a notice of claim, the countdown to the 28-day deadline begins on the date that the employer receives the notice at the posted address.

EFFECTIVE DATE: October 1, 2017