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Protecting Your Rights: What To Do When Your Employer Doesn’t Report Your Accident

Workplace accidents can happen when you least expect them to. When they do, following the state’s laws will ensure you receive your benefits while you recover from your injuries. However, you’re not the only one responsible for reporting the incident. Your employer also needs to submit the necessary paperwork to process your claim. But what happens if they refuse to comply? Learn more about how to protect your rights and file your workers’ comp claim successfully. 

Workers’ Comp Requirements for Employers

According to New York’s workers’ compensation laws, your employer must carry an insurance policy covering their employees for any injury. They need one before applying for business permits. Employers are also responsible for reporting your incident within ten days of discovering what happened. When your employer refuses to comply, they’ll be responsible for paying hefty fines and can even face criminal charges.

Why Would An Employer Refuse To Report An Accident? 

Even if New York has strict regulations regarding workers’ comp, some employers will avoid reporting the incident. There are many reasons why they do this, including:

  • Not wanting to pay increased premiums
  • Misunderstanding their responsibilities under the state’s workers’ comp law
  • Trying to save money by not paying for their employee’s benefits
  • Downplaying your injuries and the severity of the incident
  • Preferring to pay off the books for damages

No matter the reason, not reporting your injuries is illegal and can lead to severe consequences. Remember that the law is on your side, and you have the right to recover your damages.  

How To Respond If Your Employer Doesn’t File

If your employer refuses to report your accident, there are a few ways you could respond:

Document Your Injury

One of the most crucial parts of any workers’ comp claim is showing clear evidence of your injury. As soon as it happens, keep detailed information about your incident, including pictures, medical records, and witness statements. The more relevant documentation you have, the easier it’ll be to have your claim approved.

Notify Your Employer In Writing

By law, you need to let your employer know about the incident within 30 days of when it happened. But if you can, do it as soon as possible and send them a written statement discussing the indecent’s details and your injury. This notice can serve as crucial evidence for your case, especially if your employer refuses to comply.

File Your Claim Directly With The Board

If you’ve tried to reason with your boss, but they refuse to submit the paperwork, file your workers’ comp claim by submitting Form C-3 directly to the Workers’ Compensation Board. They will investigate your case and determine whether you can qualify for benefits.

Seek Justice With The Help Of An Experienced Attorney

Don’t let their negligent actions stop you from getting compensated for your damages. Our workers’ compensation lawyers navigate the legal system, protect your rights, and hold your employer accountable. Please call us at 855-208-9438 or contact us online for more information or to schedule a free consultation today.

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