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What if My Employer Did Not Report My Injury?

If you’ve been injured at work, you may qualify to receive workers compensation benefits. There are many important steps to follow when filing a workers comp claim, as well as deadlines that must be met to ensure you receive the benefits you’re entitled to.  

One of those steps is the reporting of your injury to the New York State Workers’ Compensation Board by your employer within ten days of your injury. If you have reason to believe your employer isn’t following the mandatory steps, you might be wondering what happens if your employer does not report your injury.

Employer Responsibilities and Penalties for Failure to Comply

Under New York law, your employer is required to carry workers compensation insurance. Your employer also has several other obligations to adhere to:

  • Your employer must keep accurate records of employees, positions, wages, and accidents.
  • Employers must not pay workers cash.
  • The employer is required to accurately report employees’ job classifications.
  • Intentionally concealing or misrepresenting employee information is illegal.
  • Your employer cannot punish you for filing a workers comp claim.

There are penalties if an employer fails in his or her duty to employees. The penalty for failure to keep accurate records could result in a fine between $1,000 to $50,000 and a criminal conviction. The penalty for your employer’s missed or late reporting is up to $2,500.

Why Is Timely Reporting Important?

What’s the big deal with reporting an injury right away? It takes time for the insurance company to process the claim paperwork, and the earlier an injury is reported, the better it is for everyone. The following are some of the reasons it’s important to report an injury in a timely manner:

  • The injured worker can begin receiving benefits faster.
  • The injured worker will likely be able to return to work faster.
  • Timely reporting assists the insurance company with administering and monitoring the claim.
  • It has been demonstrated to reduce the overall costs of a claim.

Legal Help with Your Workers Comp Claim

Many issues can emerge when you’re attempting to obtain your work comp benefits. To minimize the chances of a denial, and to make sure your employer is upholding his or her responsibilities, consider hiring a workers compensation attorney.

What if your employer did not report your injury? Your attorney can see to it that your employer is penalized for delaying your benefits unnecessarily. Call Finkelstein, Meirowitz & Eidlisz, LLP to speak with a workers compensation attorney for free. Give us a call at 212-385-9190 or simply submit the online contact form below.

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  • © 2017 Finkelstein, Meirowitz & Eidlisz, LLP


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