In most cases, you cannot sue your employer simply for failing to report a workplace injury in the Bronx, NY. New York’s Workers’ Compensation system is designed to handle these disputes through the Workers’ Compensation Board rather than civil court.
When an employer fails to report a workplace injury, it can interfere with your ability to receive Workers’ Compensation benefits. While most issues are resolved within the Workers’ Compensation system, there are limited situations where legal action outside the Board may be available.
A Bronx Workers’ Compensation lawyer can review the facts of your case and explain whether your situation involves Board remedies only or qualifies for additional legal options under New York law.
Insurance Requirements for New York Employers
Under New York law, most employers are required to carry Workers’ Compensation insurance. This insurance coverage provides injured employees with easy access to compensation to help cover their medical bills and lost wages after suffering an on-the-job injury. Additionally, it helps protect employers against lawsuits.
In addition to carrying this insurance coverage, employers must also respect all the requirements that come with it, including timely reporting of any injuries suffered by workers.
Failure to meet Workers’ Compensation requirements can result in significant legal consequences, including penalties imposed by the Workers’ Compensation Board and other remedies available under New York law.
Your Employer’s Responsibility Regarding Workplace Injury Reporting
There are various regulations regarding the responsibilities of your employer in reporting workplace injuries. Failure to take the appropriate action can lead to penalties or enforcement proceedings through the Workers’ Compensation Board, depending on the circumstances.
Ensuring You Receive Medical Attention
If you are injured on the job, your employer’s first responsibility is to ensure you receive proper medical attention. The actions they would need to take could involve administering first aid and calling emergency services.
Reporting the Injury
After ensuring your medical needs are being met, your employer’s next responsibility is to report your injury. Reporting involves:
- Informing the Workers’ Compensation Board: Your employer in the Bronx is required to report your injury to the New York State Workers’ Compensation Board. Your employer is required to provide this notification within 10 days of the incident that resulted in your injury or the date your employer became aware of your injury.
- Completing and filing the required forms: Your employer will need to complete and submit Form C-2F: Employer’s Report of Work-Related Injury/Illness to the Workers’ Compensation Board.
- Notify you of your rights: Your employer is required to notify you of your Workers’ Compensation rights, including informing you about how to file a claim and the benefits you can receive.
Keeping Records
Your employer is responsible for keeping detailed records of all work-related injuries and illnesses. These records are necessary for staying in compliance with state laws, and the Workers’ Compensation Board or other state agencies may request these records at any time.
Cooperation During the Claims Process
Employers are required to cooperate during the claims process so that everything goes smoothly and injured workers can collect the compensation they need and deserve. The Workers’ Compensation Board may request additional information about the injury and the surrounding circumstances.
No Retaliatory Measure
Employers are not allowed to take any retaliatory action against employees for reporting a work-related injury or illness and seeking compensation through the Workers’ Compensation system. Punitive actions, including reduction in hours, demotion, or termination, can all be grounds for taking legal action against your employer.
Limited Circumstances Where Additional Legal Action May Be Available
Most disputes involving unreported workplace injuries are addressed through the Workers’ Compensation Board. However, in limited situations, additional legal action outside the Workers’ Compensation system may be available, including:
- Failure to carry Workers’ Compensation insurance: If your employer is required to carry Workers’ Compensation insurance but does not, you may be able to pursue a direct legal claim against the employer or seek benefits through the Uninsured Employers’ Fund.
- Intentional actions or criminal negligence: If you were injured as a result of intentional actions taken by your employer or because their negligence in your accident reached the level of criminal negligence, you may be able to take legal action.
- Retaliation: If your employer retaliated against you for filing a Workers’ Compensation claim, an experienced lawyer can help you pursue a retaliation claim through the Workers’ Compensation Board and determine whether additional legal action may be available.
Get Help From an Experienced Workers’ Compensation Lawyer Serving the Bronx Today
If you were unable to obtain Workers’ Compensation benefits because your employer failed to report your injury, the team at O’Connor Law can help you pursue legal action. With over 35 years of combined experience, we know what it takes to hold negligent employers accountable.
Contact us today by phone or through our online contact form and schedule a free case evaluation with a member of our legal team. We work on a contingency fee basis, which means we only collect payment if you receive a monetary award. The insurance company has a legal team; why don’t you?
