If you sustain an injury in the workplace, your employer must report it to their workers’ compensation insurer. Some employers, however, may attempt to cover up workplace accidents by failing to file or filing late. Failing to report is unlawful and hinders injured workers from receiving the benefits they need. What should someone do if their employer fails to report? We’ll answer that question in today’s post.

Reporting Requirements in New York

Workers’ comp reporting requirements are in Chapter 67 of New York’s Consolidated Laws. After a workplace injury, an employer must write a report according to the format designated by the workers’ comp board chair. They must provide the worker with a copy of the report if they request it.

If the worker lost at least one additional day from their regular duties or required advanced medical treatment, the employer has ten days to send a copy of the report to the workers’ comp board chair and their insurer. Their form should contain the following:

The employer’s name, business type, and address
The worker’s name, job title, and address
The date and time of the accident
Details on the injuries the worker sustained
Information on why the worker suffered injuries

Employers must keep all workers’ comp reports they write for a minimum of eighteen years. The board chair reserves the right to review it as they see fit.

Note that the employer must still draft a report if a worker’s injury did not cost them time on the job. However, they do not have to file it with the board chair.

Why Report On Time?

Employers and workers benefit when accident reports are filed promptly for several reasons:

Faster benefits – The sooner the employer files a report, the quicker the worker may access their benefits.
Better health outcomes – If a worker cannot seek early treatment for their injury, they risk developing complications that prolong their recovery.
Lower costs for employers – The later an insurance investigation begins, the more resources it needs. By reporting promptly, employers are more likely to achieve a faster resolution and can thus minimize their insurance costs.
Better worker trust – Workers are less likely to trust an employer that waits to submit an injury report.

What Are the Penalties for Not Reporting?

According to Chapter 67.7.110, it is a misdemeanor for an employer to do any of the following:

Fail to report an injury resulting in lost time
Neglect to submit a report until after the deadline has passed
Fail to record a workplace injury, even if it does not result in lost time or require advanced medical treatment

Misdemeanor fines are capped at $1,000. However, workers’ comp boards can penalize employers an additional $2,500 maximum for violations.

What to Do if Your Employer Didn’t Submit a Report

Remember that you have thirty days to report your injury to your employer in writing. If you reported the injury, but your employer does not file a report, you may still be eligible to receive workers’ comp benefits.

If you do not have legal counsel, secure it as soon as possible. An experienced workers’ comp lawyer can gather crucial documentation about the accident and evidence showing the employer failed to abide by their reporting obligations.

Workers have two years from the accident date to file Form C-3 with the Workers’ Compensation Board. Though you can fill out this form online, your legal team may prepare a hard copy for better record-keeping.

Information the form asks for includes:

Contact details for you, your employer, and any medical professionals that treated you
Information on your job, including its title, your duties, your salary, and when you were hired
The nature of the injury and circumstances of the accident
When you stopped or returned to work, if applicable

Both you and your lawyer will sign this form.

Hearings may be involved in the workers’ comp claims process. Your employer may challenge the legitimacy of your claim. For example, they may argue you are exaggerating or providing false information. They may also argue that they did not need to file a report because:

Your injuries did not require medical treatment beyond first aid.
Your injuries were not the cause of your lost time.
Your injuries did not occur on the job.
You do not work for the company.

Should your claim face challenges, we will make the necessary preparations to refute them.

Contact a New York Workers’ Comp Attorney

If you’re struggling with a worker’s comp claim, or if your employer did not report your injury, trust the New York workers’ compensation lawyers of Fusco, Brandenstein & Rada, P.C. to guide you through the process. Our firm focuses on workers’ comp, Social Security disability, and disability pension cases, and we’ll pool our 40+ years of combined experience to hold your employer accountable. Contact our office at 516-496-0400 for an in-person or virtual consultation.