NYS Workers’ Compensation Accident Report

Workers’ Compensation will cover necessary medical bills and a portion of your employee’s wages should he/she become injured or ill as a result of duties. But following an injury or illness, is a NYS workers’ compensation accident report always necessary to file?

Section 110 of the New York Workers’ Compensation Law specifies the employer’s recordkeeping and reporting requirements for an employee injured in the course of employment.

A written record of all injuries sustained by employees, including those for which no Report of Accident Form must be filed, must be kept by the employer for 18 years and made available whenever directed by the Workers’ Compensation Board.

Whenever an injury exceeds any one of the following limitations, a Report of Accident Form (Form C-2) must be filed with the Workers’ Compensation Board within 10 days of the occurrence if:

1. the injury results in loss of time from work beyond one day following the day of injury; or
2. treatment for the injury involves more than “ordinary first aid”; or
3. more than two first-aid treatments are, or will be, required.

It is possible that the need for a third treatment of an injury may not be apparent until after the 10-day reporting period expires. The only reasonable interpretation of the law is that the reporting time limit in such a case does not apply until it becomes known by the employer that additional treatments are necessary.

Form C-2 should be completed and filed as soon as it is known that the injury falls within the reporting requirements. An explanation for late filing should be included on the report.

It can be advantageous to be aware of Section 110 and refrain from reporting incidents which do not require a C-2 under its provisions. By not reporting minor injuries, where no report is required, your Workers’ Compensation Policy will have a more favorable experience modification factor. Of course, you will then need to pay the medical expenses in lieu of the insurer.

To learn more about how GTM helps local businesses obtain workers’ comp coverage and provides expert advice on insurance law compliance, contact us at (518) 373-4111.

Source: Professional Insurance Agents – New York