Correct Compliance with Workers' Compensation Laws | Gielowski, Federice & Caligiuri, LLP

When it comes to New York’s workers’ compensation laws, employers need to take a variety of measures to ensure they are in compliance.

Generally speaking, employers in New York are required to provide coverage to employees, but there are some exceptions. For example, if a business is only owned by one person who has no part-time or full-time employees, as well as no subcontractors, it will likely be exempt.

If the New York State Workers’ Compensation Board can’t find records showing that a business is providing workers’ comp coverage for employees, the board will send inquiry notices. The employer can then take this time to correct any existing business records as well as pass along any policy information. An insurance carrier might be required to verify the information the employer has provided.

Employers are also required to put up a Form Notice of Compliance – Workers’ Compensation Law, which is provided from the insurance carrier. If the employer is acting as a self-insurer, the Self-Insurance Office will provide the necessary form.

Employers who fail to post this notice in a visible place in the work area could face legal fines.

What about the employees?

When injured on the job, they also have a responsibility to comply with certain standards.

A written report of the injury should be passed from employee to employer within 30 days of the accident. Employees should also aim to file a claim for compensation as soon as they can. Form C-3, Employee’s Claim for Compensation, is available online (http://www.wcb.ny.gov/content/main/onthejob/howto.jsp) for convenience.

Employees also need to know their rights following a submitted claim. For example, employees can’t sue an employer who provides workers’ comp except under specific circumstances. However, employees do have a right to appeal any decisions a workers’ comp office reaches, as well as a right to refuse an employer’s attempts to make them drop the claim. Perhaps most importantly, an employee has a right to be represented by a lawyer throughout the case. An experienced workers’ comp lawyer can help an injured employee stay abreast of all of their other rights as well as legal compliances.