Filing a First Report of Injury (FROI) Form is Not the Same as Filing a Claim for Workers’ Compensation
Posted on Thursday, May 1st, 2014 at 3:40 pm
In today’s world almost every employer has procedures in place when an employee is injured on the job. In many cases it involves documenting the events that led to the injury and recording them on a form for future use and reference. In Kentucky’s workers’ compensation system, this form is often referred to as a First Report of Injury (or FROI).
First Report of Injury (or FROI)
In this report, the date and location of the injury and the circumstances surrounding the injury are disclosed. When an employee is injured on the job, the employer works with the injured worker in order to complete the form. Once the form has been completed, it is generally kept on site at the workplace. In addition to being kept on site, the employer should submit this form to the Department of Workers’ Claims in Frankfort, Kentucky. The FROI provides as a documentation of your injury, which can provide helpful information concerning your workers’ compensation claim down the road.
Filing the FROI Isn’t the Same as Filing a Claim for Worker’s Compensation
Working with your employer to complete and file the FROI is not how an injured worker files a claim for workers’ compensation benefits. Many injured workers are under the impression that they have filed a claim for workers’ compensation benefits by filing a First Report of Injury. This is not true. Filing a First Report of Injury with your employer is helpful in your claim but it is not the same as filing a claim for benefits. It is key to understand the difference between filing a FROI and a workers’ compensation claim because in Kentucky, the statute of limitations for filing a workers’ compensation claim is two years from the date of injury or two years after the last temporary total disability payment, whichever comes later. Although a FROI should be completed as soon as an employee is injured, filling out the FROI is insignificant for purposes of the statute of limitations for filing a workers’ compensation claim. In other words, you can fill out a FROI and still lose your rights to benefits if you do not get an attorney and file a claim with the Department of Workers’ Claims.
If you or someone you know has a Workers’ Comp issue, please contact a Northern Kentucky Workers’ Compensation Attorney today. Danielle Lawrence and Lawrence & Associates can help!
Contact Us (859.371.5997) for a Free Consultation