If you were injured as a worker in the state of New York, it is likely that you are aware of the workers’ compensation process. Workers’ compensation is a type of insurance taken out by employers. Most employers have a legal obligation to take out this insurance so that their workers are protected financially in the event of an accident.
When a worker becomes injured and makes a workers’ compensation claim, the insurance policy pays out, not your employer directly. Considering this, many would think that employers are not negatively affected by a workers’ compensation claim.
However, when an injury occurs in the workplace, in most cases, the employer will then be subject to increased insurance premiums. It is for this reason that employers might be inclined to lie to their injured workers about the rights that they have. This does not make it acceptable behavior, however.
What responsibilities does my employer have when I tell him or her that I have been injured?
Your employer has several legal obligations in the aftermath of you reporting the injury to him or her. In the state of New York, an employer has the responsibility to report the vast majority of work-related injuries and illnesses to the insurance company within 10 days of them occurring.
In addition, all reports of injuries and illnesses must be recorded. A First Report of Injury should be reported to the board of workers’ compensation, and these records must be maintained for a minimum of 18 years.
What rights does my employer have?
If your employer believes that your claim for workers’ compensation is invalid, they do have the right to request that the insurance company contests the claim. They may do this, for example, if they have reason to believe that your injury was not actually attained in the workplace, or if they believe that you are making an exaggerated claim.
If you are having issues in successfully gaining workers’ compensation after an injury in the workplace, it is important to take action in order to understand your rights. If you believe that your employer has lied to you or misled you, this may help your case.