What Do I Tell My Employer When I Am Injured Or Sick?

Under the New York State Workers’ Compensation Law, there is a two-tier statute of limitations:

• Pursuant to Section 18 of the Law, you have 30 days from the date of accident or knowing that you have a work-related sickness or illness to report it to your Employer (this is called “notice”),
• Pursuant to Sections 28 and 45, you have 2 years from the date of accident or knowing that you have a work-related sickness or illness to file a claim with the Workers’ Compensation Board.

Notice

While you must give notice to your Employer within 30 days of knowledge of the injury, some Employers have a policy that requires almost immediate notice of an injury. The Employer may attempt to use your failure to abide by this policy as a reason to deny Workers’ Compensation benefits. However, this is not controlling under the Workers’ Compensation Law.

It is not enough to tell a co-worker that you’re injured. Rather, you need to give notice to:

• Someone with authority to take the injury report,
• Your supervisor, or
• Human Resources representative.

Notice does not necessarily have to be in writing. It can be given orally, although it’s always best to document your injury. Keep in mind that in certain instances, such as emergency care, it can be argued that there was an implied or actual notice of the injury.

On the other hand, sometimes people will have injuries or become sick at work and they won’t know exactly what made them sick until sometime later. This is particularly true with occupational disease claims. An example of this type of claim would be someone who becomes sick and has problem breathing without recognizing that it is a work related asthma condition until they’ve been evaluated by a variety of medical providers.

Once there is a diagnosis from a doctor that the problem was related to work, it is best to comply with Section 18 of the Workers’ Compensation Law by giving a written notice to your Employer. There is no special form to give notice. Notice can be given orally or in writing, such as an accident report, e-mail, letter, or memo.

Timeframe For Filing A Workers’ Compensation Claim

The answer is Two Years. That is, two years from the date of the accident or two years from knowing or should have known, in an occupational disease case. The claim is best made by Filing a C-3 Employee Claim.

The Employer has a similar obligation to report injuries to the Workers’ Compensation Board using Form C-2.

An injured worker or family member can commence a Workers’ Compensation claim on their own.

At MCV Law, it is our opinion that it is the best practice to file a claim as soon as you have evidence that you have a work-related injury or illness. However, care must be taken when completing the paperwork. Almost all claims are started by using the New York Workers’ Compensation Board forms, although this is not required. To file a claim, an injured worker uses Form C-3, called “Employee Claim.”

The C-3 form contains questions about the injury or sickness, as well as biographical information about yourself and your Employer. The form should be completed with care, especially the questions dealing with the details of the event or illness, as well as prior injuries or sicknesses.

What is An Employer Supposed to Do?

The Employer should make a report of an accident or sickness on form C-2 “Employers Report of Accident”. This can be done in writing, online, or by calling their insurance Carrier. The Employer must also complete other forms, which include Form C-240 showing the actual amount of money earned by the employee for the 52 weeks prior to the injury; Form C-11 reporting employee’s lost time from work, and provide other information helpful to the Workers’ Compensation Board in administering the claim.