Employer's Role in Workers' Comp Claims

The employer's role is critically important in the claims process with respect to the following:

  • Filing a timely first report of injury using NYSIF eFROI® (See When to File a Report of Injury/Illness)
  • Providing details of the accident
  • Verifying the injured worker's account of the incident or illness

When to File a Report of Injury/Illness

Employers must file a report of work-related injury or illness with NYSIF and the Workers' Compensation Board (WCB) immediately upon becoming aware of the injury or illness, and no later than 10 days after the employer’s knowledge of the injury or illness, in all cases where the injury/illness:

  • Has caused or will cause the employee’s loss of time from regular duties of one day beyond the workday or shift during which the incident occurred, or
  • Has required or will require medical treatment beyond ordinary first aid, or more than two treatments by a person rendering first aid

Note: Employees have 30 days to notify employers of an injury and two years to file a report of injury or illness.

Use our eClaims worksheet to assist you in submitting a first report of injury using NYSIF eFROI. You can also review previously filed eFROI submissions.

First-Aid Option

Employers may handle non-reportable, minor injuries as first aid cases. In such cases, instruct claimants and medical providers to send medical bills directly to you for prompt payment so your claims history is unaffected. Notify NYSIF, if necessary. Note: If the injury escalates to a lost time case, or exceeds two medical treatments, you must immediately file a claim with NYSIF and the WCB.

Filing Questionable Injury/Illness Reports

The WCB may hold statements made in the report binding. If you question a claim, start the report with "It is alleged that..." or "The employee claims that..." Contact NYSIF if you are suspicious about a claim, or whenever new information about a claim comes to your attention.

Claimant Information Packet

Employers must give injured workers a Claimant Information Packet when filing claims.

See our guide for more detailed information about the claims process:

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