Filing a claim for Workers' Compensation benefits in Wyoming
The Wyoming Workers' Compensation Act was enacted in 1986 to provide an efficient method of handling claims brought by employees who were injured on the job. An employee who is denied workers' compensation benefits, or an employer who believes that the injury is work related can request a hearing.
Filing a claim for Workers' Compensation benefitsIf an employee is injured on the job, the employee must notify the employer of the injury within 72 hours and complete and send the State a Wyoming Report of Injury within 10 working days. That form can be found here: http://www.wyomingworkforce.org/_docs/wc/Wyoming-Report-of-Injury-form.pdf. It is extremely important that the employee report the injury to the employer within 72 hours and that a Wyoming Report of Injury be filed with the Workers' Compensation Division within 10 days, or a claim for workers' compensation benefits will be denied as untimely.
What happens after a Report of Injury is filed with the Workers' Compensation DivisionAfter a Wyoming Report of Injury is filed, it will be reviewed by a claims analyst at the Workers' Compensation Division ("Division"). The claims analyst will issue a Initial Review: Notice of Lack of Information, a Final Determination awarding benefits, or a Final Determination denying benefits.
If the Division issues a Initial Review: Notice of Lack of Information, the employee/claimant should make sure that any additional information requested is received by the Division within the deadline stated in the letter.
If the Division issues a Final Determination awarding benefits, this means that the Division has determined that the injury is covered by workers' compensation. The employee/claimant should provide their claim number to all of their health care providers for any medical care they receive for their injury. If an employer believes that the employee's injury was not work related, they must file an objection to the final determination within the time frame stated in the letter and request a hearing.
If the Division issues a Final Determination denying benefits, the employee/claimant must file an objection to the Final Determination and request for hearing within the deadline stated on the letter. A request for hearing can either be filed on the paperwork included with the Final Determination, or the employee/claimant can write a letter to the Division. The Division will refer the case to either the Office of Administrative Hearings or the Medical Commission for review. The employee/claimant is entitled to representation by an attorney at no cost to them. An employer can participate in a contested workers' compensation case by notifying the Division that they either agree with the position of the employee/claimant or the Division's position. A trial like hearing will be set, which will involve testimony and exhibits. Following the hearing, either a hearing officer, or a panel of physicians, will determine whether the employee/claimant is entitled to workers' compensation benefits.