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Workers' Compensation

Workers’ Compensation Employer Obligations and Rules for Claims

By February 27, 2023August 7th, 2023No Comments

New York State law assigns a number of responsibilities to employers providing workers’ compensation coverage. Workers’ compensation employer obligations are good to know in case of a work related accident. If you were hurt at work, or suspect you have experienced an injury or illness due to long term exposure to your work environment or job responsibilities, read the following overview of employer responsibilities and rules regarding their conduct during workers’ compensation related matters. Then, contact the experienced team of workers’ compensation attorneys at Lewis & Lewis to receive help with your claim.

Employers in New York State are required to provide workers’ compensation insurance coverage. They must prominently post information regarding the insurance carrier, including the carrier’s name, address, phone number, and policy number, for employees.

Additionally, employers must maintain records of work-related injuries and notify the workers’ compensation board of injuries within 10 days of the injury or illness, if medical treatment is required, or if the injured worker must lose a day of work due to a work injury.

The fact that an employer reports an injury to the workers’ compensation board does not necessarily mean it is accepting or covering the injury. It is best to follow up by filing your own claim. The employer is also required to provide evidence of your earnings to the workers’ compensation board and advise of any changes to your wages or work status due to the injury.

An employer is entitled to investigate all claims of accidents or injuries. They are permitted to fill your position while you are out of work and to offer modified or light-duty work if your injury prevents you from performing your regular job. Employers may request workers’ compensation board hearings and independent medical examinations, and may ask to review your case file and attend your hearings. They may also report suspected workers’ compensation fraud.

Employers are not allowed to ask whether you have any workers’ compensation claims in the hiring process. They cannot prevent you from filing a workers’ compensation claim. They cannot fire you in retaliation for filing a workers’ compensation claim. Your employer may suggest a health care provider, such as an occupational health clinic, but they cannot tell you which doctor you have to see or prevent you from obtaining a second opinion. Your employer cannot discuss your injury with your doctor unless you give them permission to do so.

If you have concerns about the way your employer is handling your workers’ compensation claim, medical treatment, compensation for lost time, or any other aspect of your claim, the experienced workers’ compensation attorneys at Lewis & Lewis can help.

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