Employer's First Report

One of the WC bills enacted by state lawmakers last year (AB 2181, Ruskin) called for replacement of the Employer’s First Report of Injury (Form 5020) – the paper form that employers have been required to file with the state Division of Labor Statistics and Research (DLSR) — with a new electronic reporting system.

Under AB 2181, once the new system is in place, insured employers will no longer report to DLS&R. Instead, their WC insurer will become responsible for electronic reporting of First Report data from insured claims to the DWC via the Workers’ Compensation Information System (WCIS), while self-insured employers will report directly to the DWC via the WCIS. But, as noted in CWCI Bulletin 08-17, these changes will NOT take effect until DWC adopts regulations. Those regulations must include a new electronic First Report form that complies with DLSR and fed OSHA requirements.

The WCIS program manager reports some of those required elements don’t mesh with the IAIABC formatting requirements used in the WCIS, a challenge that DWC will need to resolve before they can begin to draft the regulations. Thus, an initial draft of the regulations isn’t likely until mid-year at the earliest, after which the draft regulations will be subject to public hearings and potential revisions before final approval. Until the new regulations are adopted, when a work injury or illness occurs, employers should continue to submit their Employer’s 1st Report to DLSR, just as in the past.