Category Archives: Penalties

New York Claim Path: Reporting, Filing, and Appearing.

This post provides a general overview of how traumatic, specific accident claims are generally handled.

At the time of the accident:

Greg Lois
Greg Lois, Esq.

First, the worker gets medical treatment and notifies her supervisor about the accident and how it occurred.

The employee notifies the employer of the accident in writing, as soon as possible, but within 30 days. The Board may excuse the lack of notice if notice could not be given (for example: the claimant was taken to the hospital and could not inform her employer), the employer had knowledge, or if the employer is not harmed by lack of notice. WCL § 18.

The employee may file a claim with the Board by filing a Form C-3. This must be done within two years of the accident or within two years after the employee knew, or should have known, that the injury was related to employment. WCL § 28. Continue reading New York Claim Path: Reporting, Filing, and Appearing.

Practical Advice on Injury Reporting in New York

When Injury Reporting is Required.

Greg LoisNew York Workers’ Compensation Law §110 states that an accident must be reported when it:

“will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid.”

In order to be reportable, the injury must:

  • Cause the worker to lose one day of work in addition to the date of loss; OR
  • Require more than ordinary first aid; OR
  • Require at least three “first aid” visits.

The Workers’ Compensation Board has an official form for reporting injuries (Form C-2F “Employer’s Report of Work-Related Injury/Illness“). The form must be provided to the injured worker upon request and has to be maintained (held) by the employer for at least 18 years.

The C-2F report must be filed with the Workers’ Compensation Board within 10 days after the occurrence of the accident.

Penalties

Failure to file the report subjects the employer to potential misdemeanor criminal liability, punishable by a fine of not more than $1000. A second penalty – not to exceed $2500 – can be imposed by the Board. Continue reading Practical Advice on Injury Reporting in New York

Penalties Under New York Workers’ Compensation Law Section 52

In New York, all employers are required to carry Workers’ Compensation insurance. This includes employers with less than five employees. Workers’ Compensation Law imposes heavy penalties against the employer for failure to obtain insurance as well as for defrauding the insurance carrier. [See WCL Section 52]

The Law.

Penalties are assessed against the employer for misclassifying and concealing employees. The law specifically includes employer’s actions of intentionally and materially understating or concealing payroll, concealing duties to avoid proper classification or

Tatyana Redko
Tatyana Redko, Esq.

concealing any other information pertinent to the calculation of premiums. Section 52 covers misrepresentations such as paying workers “off the books,” not reporting wages paid to illegal aliens and misclassifying employees as “independent contractors” in an attempt to pay a lower premium. Continue reading Penalties Under New York Workers’ Compensation Law Section 52