Workers' comp deadlines in District of Columbia: tell your employer and file

Tell your employer in the District of Columbia

Time limit

30 days

Counted from

The date of the injury, or the date you became aware (or should have become aware) that the injury or illness is related to your job

In writing?

Yes, in writing

If you are late

Late notice does not bar your claim if your employer (or its local manager) or the insurance carrier knew of the injury and its connection to your job and was not harmed by the delay, if the delay is excused for a satisfactory reason, or if no objection is raised at the first hearing.

Illness that develops over time

For an occupational disease, the 30 days run from when you became aware, or with reasonable diligence should have become aware, of the connection between the illness and your job.

Report the injury to your employer promptly. Within 30 days you must give written notice to BOTH your employer and the Office of Workers' Compensation, using DCWC Form 7 (Employee's Notice of Accidental Injury or Occupational Disease). The notice must include your name and address and the time, place, nature and cause of the injury, and be signed by you or someone for you. Keep a copy, give a copy to your employer and send the original to OWC (it can also be filed online).

Law: D.C. Code 32-1513

Source: does.dc.gov

File your claim in the District of Columbia

Time limit

1 year

Counted from

The date of the injury, or the date of the last payment of compensation if benefits were paid without an award (the time does not start until you know or should know the injury is work-related)

What to file

DCWC Form 7A, Employee's Claim Application, filed with the D.C. Office of Workers' Compensation (copy to your employer)

Claim form

Employee's Notice of Accidental Injury or Occupational Disease

Who files it

You file Form 7 with your employer and with OWC within 30 days, and Form 7A with OWC within 1 year; send a copy of each to your employer. Both forms can be filed online through the DOES links, or mailed to the address on the forms. If you work for the D.C. government, your claim goes to the D.C. Office of Risk Management instead ((202) 727-8600).

Source: notice; claim application

What your employer must do

Your employer must file DCWC Form 8, Employer's First Report of Injury or Occupational Disease, within 10 days from the date of the injury (or from when it learns of a work-related disease), and at the same time mail you, by certified mail, a statement of your rights and obligations, including your right to file a claim within one year. Failing to file the report can bring a civil penalty of up to $1,000. Employers must post a Notice of Compliance naming their insurance carrier.

Source: Form 1DCWC

When the insurer decides

The first payment is due on the 14th day after the employer learns of the job-related injury. If the employer disputes the claim, it must file a Notice of Controversion by that 14th day. An installment paid without an award that is more than 14 days late is increased by 10%.

Source: Form 11

Illness that develops over time

The 1-year period does not begin until you are aware, or with reasonable diligence should have been aware, of the relationship between the illness and your employment.

To preserve your rights to current and future benefits, file a written claim on DCWC Form 7A with the Office of Workers' Compensation within 1 year after the injury, or within 1 year after the last payment of benefits if the employer paid without an award. Once a claim is filed, no further written claims are needed.

Law: D.C. Code 32-1514

Source: does.dc.gov

Law: D.C. Code 32-1513, 32-1514, 32-1515, 32-1532

Source: does.dc.gov

Waiting period and first payment in the District of Columbia

Waiting period

No compensation is paid for the first 3 days of disability unless the disability lasts more than 14 days. Medical care is not subject to the waiting period.

Paid back for the waiting days

If your disability lasts more than 14 days, you are paid from the first day of disability.

First payment

The first installment is due on the 14th day after your employer learns of the job-related injury; after that, payments are made every two weeks. A late installment (without an award) is increased by 10%; compensation under an award that is more than 10 days late is increased by 20%. If the employer unreasonably delays payment in bad faith, it may have to pay up to your weekly wage for the period of delay in addition to compensation.

How often you are paid

Every two weeks

Law: D.C. Code 32-1505(a), 32-1515

Source: does.dc.gov

Deadline helper

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