Employers’ Rights and Responsibilities Workers’ Compensation
Rights
- Request that the insurer contest a claim if they question its eligibility for compensation. Since the insurer has assumed liability for the claim, it is not required to comply with the request.
- Attend any hearings related to a claim filed by one its employees.
- Access the Board’s case file for a claim filed by an employee by:
- going to a Board location with proof they are the employer of record in the claim; or
- registering for eCase, the Boards electronic case folder.
- Once the employer has an eCase account, they must contact their insurance carrier and request access to the case.
- Participate in a hearing and present relevant evidence about disputed issues if they are self-insured or if they have failed to secure workers’ compensation coverage. Employers may request that a hearing be scheduled on a particular issue by writing to the appropriate office in a timely manner. Corporations must be represented by counsel in proceedings before the Board. Certain defenses will be waived if they are not promptly raised or if the employer or insurer does not file a Notice of Controversy in a timely manner.
- Report suspected workers’ compensation fraud to the Fraud Inspector General by calling the Fraud Referral Hotline at (888) 363-6001 or use the online complaint form.
- Seek administrative review and/or appeal to the Appellate Division within 30 days by writing to the Board and requesting Board review. If not self-insured, an employer may request that the insurer seek review on appropriate grounds of a Board decision.
Responsibilities
- Have workers’ compensation coverage for their employees. There must be no lapse in coverage even when switching insurance carriers.
- Post a Notice of Compliance - Workers’ Compensation Law (Form C-105) Employers must post and maintain in a conspicuous place, a Notice of Compliance - Workers’ Compensation Law (Form C-105) in both English and Spanish. This form can be obtained from the insurance carrier or licensed agent. Failure to meet this requirement (Section 51) can result in a fine of $500 per violation.
- Provide the Board access to all books, records, and payrolls related to employees upon request.
- Keep an accurate, four-year record of the number of employees, classification, wages, and accidents.
- Do not discriminate against an employee or applicant because they have filed or have attempted to file a claim for workers’ compensation (WCL §120).
- Report most injuries and occupational diseases to the employer's insurance carrier within 10 days after an accident (WCL §110).
- Make and maintain a record of any employee injury or illness, Employers Report of Work Related Injury or Illness (Form C-2F), even if the injury does not require that the First Report of Injury be filed with the Board. A First Report of Injury must be filed with the Board if an accident results in personal injury that causes or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which requires or will require medical treatment beyond ordinary first aid or more than two treatments by a person providing first aid.
- Keep a record of Form C-2F or First Report of Injury on file for at least 18 years. These are subject to review by the Board at any time.
- Report an injured worker’s wages or other compensation to the Board on an Employer’s Statement of Wage Earnings (Form C-240).
- Report any changes in an injured worker’s pay or work status to the Board on an Employer’s Report of Injured Employee’s Change in Employment Status Resulting from Injury (Form C-11).
- Participate in a mandatory safety and loss prevention program if they have an experience modification factor of greater than 1.2 and a payroll in excess of $800,000 (WCL §134; Code Rule 59 Workplace Safety and Loss Prevention).
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