Have legal questions? Contact Us Today!

Proners Head

Workers’ Compensation Employers’ Responsibilities

Have you been injured?

Award ImageAward ImageAward ImageAward ImageAward ImageAward Image

New York Workers’ Compensation: Employers’ Responsibilities

Top-Rated Injury Lawyer Helps Clients Understand Employers’ Responsibilities to Comply with NYC Workers’ Compensation Laws

Nearly every employer in NYC is required to carry some form of workers’ compensation insurance.  Whether the employer chooses to maintain the insurance through an insurance carrier or obtains Board authorization to self-insure, employers have a legal obligation to ensure their duties are fulfilled to protect workers injured on the job—even if the employer has only a single employee.

However, the employer’s responsibilities don’t simply end with purchasing workers’ compensation insurance.  At Proner & Proner, our top-rated injury lawyers are here to help you understand your rights under NYC workers’ compensation laws. 

Workers’ compensation laws are in force in order to protect both employees and the employer.  In exchange for reducing the possibility that they will be subject to lawsuits for work accidents, employers have certain responsibilities under NYC workers’ compensation laws.  When the employers’ responsibilities are not fulfilled, you may have the right to financial compensation.

If you suspect that your employer has not fulfilled the responsibilities required under NYC workers’ compensation law, call or contact our office for a free case review to see how we can help today.

Employers Have Detailed Responsibilities Under NYC Workers’ Compensation Laws

In addition to maintaining workers’ compensation insurance, NYC employers must provide employees with notice of that coverage.  All employers have a responsibility to post a notice of workers’ compensation coverage using Form C-105, which the insurance carrier provides.  That notice must:

  • Be placed conspicuously so that all workers can see it, and
  • Contain the name, phone number and address of the insurance company,
  • State the employer’s insurance policy number.

Additionally, all employers’ responsibilities under NYC workers’ compensation laws include a duty to:

  • Report work accidents and work-related injuries promptly to the insurance company and the workers’ compensation board (usually within 10 days of receiving notice),
  • Report all injuries and illnesses to the workers’ compensation board if (1) the employee requires medical treatment beyond ordinary first aid, (2) the employee requires more than two treatments for the injury (whether first aid or by a doctor) or (3)  the employee has to miss one day (or shift) beyond the working day (or shift) when the accident/injury took place (known as a “First Report of Injury”),
  • Report injured workers’ wages to the board of workers’ compensation insurance using Form C-240 (any changes to pay or work status must be reported on Form C-11),
  • Keep detailed employment records that contain information like the number of employees, their employment classification, any accidents and employees’ wages for at least four years,
  • Classify workers as employees or independent contractors accurately (fines for misclassification or paying employees “off the books” to avoid providing workers’ compensation benefits are steep),
  • Keep records of any work-related injury or illness, even if no report or medical attention is needed,
  • Retain first reports of injury for 18 years,
  • Provide the workers’ compensation board with access to any reports and records that the employer is required to maintain, including information about wages and when the employee returns to work.

NYC Employers Have a Responsibility to Avoid Discrimination Based on Workers’ Compensation Claims

Importantly, employers have a responsibility to refrain from discriminating against any employee who makes a claim for workers’ compensation benefits.  If you feel that your employer has retaliated against you for claiming workers’ compensation benefits, you may have the right to file a lawsuit for compensation.  

This is the case whether the employer has discharged you or otherwise taken action to punish you based on your work accident, which can include:

  • Demotion,
  • Salary reductions,
  • Changes in important aspects of your job, such as a change in shift or position,
  • Retaliatory discharge.

Penalties for Failure to Satisfy Employer Responsibilities in NYC Workers’ Compensation Cases

Employers who fail to provide workers’ compensation insurance in accordance with NYC law can be subject to steep penalties.  For example, the employer will be subject to:

  • A $2,000 per day fine for each day workers’ compensation benefits are not carried in accordance with NYC law,
  • A $250 per violation fine for failing to post the notice of workers’ compensation coverage properly,
  • A $10,000 fine for every ten-day period that the employer fails to keep adequate records in accordance with workers’ compensation laws (or twice the cost of employee compensation),
  • A $2,500 penalty for failing to file a First Report of Injury, or failing to file on time,
  • A requirement that the employer pay the employee’s medical costs and wages,
  • Exposure to being sued by injured workers,
  • Criminal penalties in the amount of $1,000-$5,000 for employers with five or fewer employees,
  • Criminal penalties of $5,000-$50,000 for employers with more than five employees.

Further, the employer can be held personally liable for compensating you.  This means that it is not only the business that can be sued for compensation, it is the actual business owner, even if that owner is a corporate officer in some cases.

Schedule a Free Case Review to Discuss Your Employers’ Responsibilities Under NYC Workers’ Compensation Laws

If you are employed in NYC, you have the right to expect protection under workers’ compensation laws.  When your employer fails to live up to their end of the bargain, you may have the right to pursue a lawsuit to get the compensation you deserve.

To learn more about your employers’ responsibilities, call or contact our skilled NYC workers’ compensation lawyers at Proner & Proner today for a free case review.

Frequently Asked Questions About Employers’ Responsibilities in New York Workers’ Compensation Claims

FAQ: I think my employer violated NYC workers’ compensation responsibilities by demoting me after I was injured on the job. However, my employer says my demotion wasn’t based on my workers’ compensation claim. Can I sue?

It is not necessary to prove that workers’ compensation claim was the only reason your employer discriminated against you. Generally, we will work to prove that a substantial reason for your demotion was your workers’ compensation claim.

FAQ: If my employer failed to satisfy the NYC workers’ compensation responsibilities, what types of compensation can I recover if I have the right to sue my employer?

Workers’ compensation generally provides compensation for medical bills, part of your lost wages and disability. If you have the right to file a personal injury lawsuit against the employer, you have the right to recover:

– All of your lost wages,
– Compensation for intangible harm, like pain and suffering and emotional distress,
– Compensation for your future lost wages,
– All out-of-pocket expenses related to your injury.

Workers' Compensation Verdicts & Settlements

  • 01

  • 02

  • 03

More Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

News Channel

Road Rage Incident

Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.

News Channel

Hit and Run

Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.

News Channel

Ferry Disaster

Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.