What Employers Need to Know about Workers’ Compensation—Part Two

Frequently Asked Questions for Business Owners about Workers’ Compensation

In the state of New York, most employers are required to provide workers’ compensation benefits to injured workers. This two-part series looks at frequently asked questions for employers about meeting their obligations under the state’s workers’ compensation laws. To learn more about who must obtain workers’ compensation insurance, see part one of this series.

Q: What are the ways that you can comply with the law?

A: There are three ways that a company can meet its obligation under New York law to ensure that injured workers have access to benefits through a workers’ compensation claim. In most instances, a company will purchase a policy of workers’ compensation insurance through a private insurance company. Premiums are typically based on the type of work done, as well as the prior instances of injury on the job. For companies that are unable to obtain insurance through a private insurer, coverage may be obtained through the New York State Insurance Fund. Another option, which requires approval from the New York Workers’ Compensation Board, allows companies to set up a reserve fund to directly pay benefits to injured workers, a process known as “self insurance.”

Q: What happens if you don’t have the required coverage?  

A: There are substantial penalties for failure to comply with the requirement that you provide workers’ compensation coverage for your workers. You can be assessed a $2,000 penalty for every 10 days that you are without coverage. You can also incur penalties if you misrepresent payroll or the number of employees you have. Failure to carry workers’ compensation insurance by a company with more than five workers constitutes a felony. The Workers’ Compensation Board can also seek a stop-work order, effectively shutting you down until you get workers’ compensation insurance. You can be personally responsible to pay any lost wages or medical expenses for injury and uninsured workers, and you can be excluded from eligibility for public contracts for a year.

Q: What must an employer do after learning of a workplace injury or illness?  

A: Under New York law, an employer must immediately provide notice of any known injury or illness to the company’s workers’ compensation insurance provider. Failure to do so within 10 days can subject the company to a fine of as much as $2,500. As a general rule, you must notify your insurance company if the injury has or will cause lost time on the job, or will require more medical attention than simple first aid.

Aggressive Workers’ Compensation Attorneys in Queens, New York

At Pyrros & Serres, we offer more than 50 years of combined workers’ compensation experience to injured workers in the borough of Queens and throughout the greater New York City area. We place a premium on personal service and attention, making certain we understand the specifics of your work injury, so that we can best protect your interests. Many of our new clients come to us as referrals from our colleagues in the legal profession or from other clients.

We handle all types of work-related injury claims, including cases involving:

Occupational Illness or Disease | Back and Neck Injury | Traumatic Brain Injury (TBI) | Fractures | Shoulder, Arm, Hand and Finger Injury | Hip, Leg, Foot and Toe Injury| Burns | Paralysis | Spinal Cord Injury | Permanent Scarring or Disfigurement | Amputation or Loss of Limb | Hearing or Vision Loss | Accidental Death

For more information about the services we provide, see our practice area overview page.

Pyrros & Serres LLP

Workers’ Compensation Attorneys—Queens, New York