What Is Your Employer’s Responsibility Under New York’s Workers’ Comp Law?

In New York, almost every worker can qualify for workers’ comp benefits after an accident. The state’s system gives you a crucial financial lifeline as you recover from your injuries. However, some employers might not know or refuse to help workers access benefits. If this is your case, our guide will give you an overview of your employer’s legal responsibilities and how to protect your rights.

Do Employers Need To Carry Workers’ Comp Insurance?

According to the state’s law, nearly all employers have workers’ comp insurance. They also need to assume full responsibility for any injuries related to the workplace accident, regardless of who’s at fault. In other words, it’s illegal for an employer to refuse to help you.

However, some businesses and industries are exempt from the state’s workers comp law, including:

• Sole proprietorships with no employees besides the owner
• Partnerships (LLCs, LLPs, etc.) with only members or partners
• Corporations with no employees and owners have full ownership of stock and locations
• Certain approved nonprofit organizations

Employer Duties Under New York’s Workers’ Comp Law

If your employer doesn’t fall under any exemption, they’re legally responsible for your well-being in case of an accident. Here are a few things the state’s law holds them liable for:

A Safe Work Environment

Every employer legally needs to provide a safe environment for their employees. This includes taking reasonable steps to ensure the workplace is free from hazards that could lead to injuries, especially in high-risk jobs like construction, where accidents are fairly common.

Timely Reporting

If you get into an accident at work, your employer has 10 days after they find out to write a  report about what happened if:

• Your injuries caused you to leave work for over a day
• You require medical treatment beyond first aid or two treatments by someone who administers first aid

Even if your accident was minor, the law strongly encourages them to document workplace accidents to avoid any issues down the line.

Ensuring You Receive Your Benefits In Time

Once you have your evidence and everything is approved, your employer needs to ensure you get your benefits within a reasonable time frame, including medical expenses and lost wages. Depending on what you’re eligible for, you’ll receive one lump-sum payment or a weekly benefit.

What Happens If My Employer Refuses To Comply?

Your employer is legally responsible for complying with a workers’ comp investigation and providing the necessary information. Failure to do so is illegal and could lead to serious consequences.

The exact penalties for employers who refuse to cooperate with workers in any way could range from paying thousands of dollars in fines or even jail time for serious offenses. If your employer is currently doing anything to prevent you from filing your claim or violating any workers’ comp laws, feel free to report them by using this form to begin a formal investigation.

Speak To Our Lawyers Today

If you’re trying to file a workers’ comp claim for your injuries, you don’t have to go through this alone. Our experienced New York workers’ compensation attorneys have been helping workers secure the benefits they deserve for decades. If you have any questions or want to schedule a free consultation, please complete our online form or call us at 877-693-2529 today.