If I suspect an employee is lying about their workplace injury, must I still process their workers’ compensation claim?

Yes. California Labor Code Section 5401 requires an employer to provide its employees with the workers’ compensation claim form (DWC-1) within one working day from the time the employer receives notice or knowledge of an injury that results in lost time from work, or requires more medical treatment than first aid.

As a result, if an employee tells you that he or she was injured at work, you must provide the employee with the claim form.

You can, however, pass on any information you received to your insurance carrier and the insurance company has up to 90 days to investigate the claim to determine whether it arose out of employment and occurred in the course of employment.

If your insurance carrier determines that the employee was not hurt at work or while working, it can deny the claim. The obligation to investigate the validity of a workers’ compensation claim rests with your insurance carrier.

As the employer, your obligation is to process the claim to the insurance company and to provide it with whatever relevant information you believe will assist it in evaluating the claim properly.

Read more about Give the Employee a Workers’ Compensation Claim Form in the HR Library.