Workers' comp deadlines in Wyoming: tell your employer and file

Tell your employer in Wyoming

Counted from

The time the general nature of the injury became apparent

If you are late

If you do not report to your employer within 72 hours and file the injury report within 10 days, the law presumes your claim will be denied. You can overcome this only by showing, by clear and convincing evidence, that the delay did not hurt your employer's or the Division's ability to investigate the injury and monitor your treatment.

Illness that develops over time

For an injury that developed over a long period, a claim for benefits must be filed within 1 year after a diagnosis is first communicated to you, or within 3 years after your last harmful exposure at work, whichever is later. Report it to your employer as soon as its general nature becomes apparent.

Report the accident or injury to your employer as soon as you can, and no later than 72 hours after the general nature of the injury became apparent, in writing or in another way the Department approves. Within 10 days after the injury became apparent you must also file an injury report with your employer and with the Workers' Compensation Division. If you give your employer a written report, your employer must acknowledge receiving it in writing.

Source: the Wyoming Report of Injury form

Law: Wyo. Stat. § 27-14-502(a)-(c)

Source: dws.wyo.gov

File your claim in Wyoming

Time limit

1 year

Counted from

The date the injury occurred (for an injury that was not readily apparent, the date you discovered it)

What to file

An application or claim for benefits filed with the Workers' Compensation Division (for wage loss, the Application for Temporary Total Disability Benefits, signed by you and certified by your health care provider). The injury report is not a claim for benefits.

Claim form

Wyoming Report of Injury

Who files it

You report the injury to your employer, then fill out the Report of Injury (the Division encourages you and your employer to complete it together), sign it, and send it to the Workers' Compensation Division by mail (P.O. Box 20207, Cheyenne, WY 82003), email (dws-wcintake@wyo.gov) or fax ((307) 777-6552). The Division gives you a nine-digit claim number to give to every health care provider. To get wage-loss benefits you must separately file the Application for Temporary Total Disability Benefits: you complete the top part and your health care provider completes the certification.

What your employer must do

Your employer must file its own injury report with the Division within 10 days after learning of the injury, mail or give you a copy, and state whether it thinks the injury is covered. Your employer must also post the Division's notice in a conspicuous place.

When the insurer decides

The Division reviews an injury report or claim within 15 days after it is filed. It then issues a final determination, or asks for more information (you usually have about 15 days to respond) and issues its final determination within 45 days after that request. If the Division has not decided within 60 days after the claim was filed, any party may request a hearing.

Illness that develops over time

For an injury that occurred over a substantial period of time, the claim must be filed within 1 year after a diagnosis is first communicated to you, or within 3 years after your last harmful workplace exposure, whichever is later (the 3-year limit does not apply to injury from ionizing radiation).

Filing the injury report is not a claim for benefits. To be paid, you must also file an application or claim for benefits with the Division within 1 year after the injury (or after you discovered an injury that was not readily apparent). For wage-loss benefits there is a shorter rule: a claim for temporary total disability must be filed within 30 days after the end of the first 30 days of any certified period of disability.

Law: Wyo. Stat. §§ 27-14-503, 27-14-404(d)(i)

Source: dws.wyo.gov

Law: Wyo. Stat. §§ 27-14-502, 27-14-506, 27-14-507, 27-14-601(k)

Source: dws.wyo.gov

Waiting period and first payment in Wyoming

Waiting period

Temporary total disability is not paid for the first 3 days of disability unless the disability lasts more than 8 days. The day the disability began counts unless you were paid full wages for that day. You cannot be forced to use sick leave instead of these benefits.

Paid back for the waiting days

The first 3 days are paid if your disability lasts more than 8 days.

First payment

Temporary total disability is figured as a monthly amount and paid twice a month: half on or about the 15th and half on or about the 30th. Payment can be made by prepaid debit card or direct deposit. Your doctor must recertify your disability at intervals the Division sets.

Source: the Division's guide says every 60 days

How often you are paid

Twice a month

Law: Wyo. Stat. §§ 27-14-403(c), 27-14-404(d), (g)

Source: drive.google.com

Deadline helper

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