In addition, the Board may impose a penalty of up to $2,500 (WCL §110 and 12 NYCRR §310.1). Failure to file within 10 days after the accident is a misdemeanor and punishable by a fine. Reporting InjuriesĪll injuries other than minor injuries (as described above) must be reported to the Board and insurance carrier within 10 days. Form C-2F is available from the insurance carrier, or any Board office. Instead, the employer maintains the form in their files for the statutory 18-year period (WCL §110). In this instance, the employer completes the Employer's First Report of Work-Related Injury/Illness (Form C-2F), but does not send it to the Board or the insurance carrier. lost time amounts to less than one day beyond the end of the working shift on which the accident occurred.įor minor injuries, the employer may choose to pay for the first aid treatments directly.it requires two or fewer treatments by a person rendering first aid, and.Any attempt to influence the health care provider in any way may be considered interference with the injured worker’s treatment, which is a misdemeanor. Any written contact with the injured worker’s health care provider should be copied to the injured worker and their legal representative, if any. In addition, the employer should contact the insurance carrier and maintain those communications throughout the claim. Investigation and CommunicationĪll accidents should be investigated fully to ensure that all the facts are gathered. In both situations, notice must be provided to the employee. In addition, employers, insurance carriers, and NYSIF may require employees to obtain prescriptions from a pharmacy with which they contract (WCL §13). Self-insured employers, insurance carriers and the New York State Insurance Fund (NYSIF) are authorized to require employers to obtain diagnostic tests from a provider who is part of a network the employer, insurance carrier or NYSIF has contracted with to provide such services (WCL §13-a(7)(c)). Employers can still recommend care providing they inform employees of their rights to choose providers of their choice through the Notice of Right to Select a Workers' Compensation Board Authorized Health Care Provider (Form C-3.1). Exceptions exist for employers who participate in the Preferred Provider Program or an Alternative Dispute Resolution Program. In addition, the employee should submit written notice within 30 days to their employer (WCL §18).Īs a general rule, employers may not direct their employees to a particular health care provider. The treating health care provider must be authorized by the Workers' Compensation Board, except in an emergency. When an employee is injured, they should immediately tell their employer or supervisor when, where and how the injury happened, and get medical treatment. Everyone has probably heard the old adage, "The least expensive accident is one that never occurs." But accidents do happen, and employers need to become involved before the first form is filed.
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