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It is important that employers recognize and understand the important role they play in the claims process. In addition to the employer, the NYS Workers’ Compensation Board also plays a key role in the claim process.
A key player on the claim team, the employer initiates a case with a timely first report of injury. The employer is responsible for providing details of the accident and verifying the injured worker's account of the incident or illness to help expedite comprehensive care for the injured worker and the quickest resolution of the claim.
Employers should promptly provide requested information to the case manager, including accurate wage and attendance information regarding the injured worker by submitting Form C-240, “Employer's Statement of Wage Earnings Preceding Date of Accident”. This helps establish both the validity of a claim and compensation rate, if awarded.
The employer also assists the case manager or vocational case manager in identifying light duty or modified job assignments to facilitate the injured worker’s re-entry to the work force. When there is a change in work status, use Workers' Compensation Board Form C-11 “Employer's Report of Injured Employee's Change in Status or Return to Work”.
Notify NYSIF immediately if you are suspicious about a claim. The employer is responsible to attend hearings before the WCB when requested.
The Workers’ Compensation Board (WCB) is part of the New York State Department of Labor. The WCB has the power to hear and adjudicate all claims for compensation. Hearings are conducted before a Workers' Compensation Law Judge (WCLJ), and a WCB panel hears appeals. The decision of the WCLJ is deemed to be the decision of the Board unless the Board modifies or rescinds it.
The Board consists of 13 members appointed by the governor with the advice and consent of the Senate. The WCB also has a permanent civil service staff to assist in enforcing and administering Workers’ Compensation Law (WCL). The chair is the administrative head of the WCB charged with administering the law.
Unresolved cases go through the WCB hearing process. These are typically more difficult and costly cases. Hearings before the WCB are open and adversarial proceedings and informal in nature.