More About Claims Reporting

The law requires every employer to report certain accidents promptly. Failure to do so within 10 days after the employer learns of their occurrence constitutes a misdemeanor, punishable by a fine of up to $1,000 and a penalty of up to $2,500. 

According to the law, accidents must be reported to the WCB and NYSIF if there is injury causing:

• Loss of time from regular duties of one day beyond the workday or shift in which the accident occurred, or
• Medical treatment beyond ordinary first aid, or
• More than two first aid treatments.

In addition, fatal accidents and those that may cause a permanent loss or loss of use of a finger, toe or limb, or a loss of hearing or eyesight, or leave a permanent visible facial, head or neck scar should be reported.

If an accident is not reportable, the employer may elect to pay for medical treatment, in which case the employer need not file a report. Any non-reportable injury or illness cannot be used as a basis for determining experience modification rates, provided the employer pays for any treatment directly and notifies NYSIF when doing so.

If a non-reportable accident later develops into one that requires medical treatment or causes loss of time, Form C-2 should be filed immediately.  The forms should be carefully prepared with all questions answered fully.

Form C-2 has been prescribed by the WCB for accident-reporting purposes. Supplies of this form can be downloaded, or your may file electronically with NYSIF and the WCB by using NYSIF eFROI^®

Statements in these reports have been held to be admissions binding on the employer. Therefore, exercise caution in reporting doubtful or questionable claims. In such cases, the history of the accident should be prefaced with the phrase, "It is alleged that," or "The employee claims that..." Notify NYSIF immediately if you are suspicious about a claim, or doubtful as to whether the case comes under the provisions of the Workers’ Compensation Law. The preferable practice is to advise NYSIF immediately by telephone, later confirmed by letter. NYSIF should be notified immediately of any new developments or information bearing on a case that comes to the employer’s attention after form C-2 has been filed. 

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