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New York workers' compensation reporting requirements

New York workers' compensation reporting requirements (Section 110)
Resource kit 31021
By Dan Corbin, CPCU, CIC, LUTC
Employer's recordkeeping and reporting requirements
Section 110 of the New York Workers' Compensation Law specifies the employer's recordkeeping and reporting requirements for an employee injured while in the course of employment.
A record (Form C-2) of all injuries sustained by employees must be kept for 18 years and made available upon request.
Where an injury exceeds the following limitations, the report of accident (Form C-2) must be filed with the Workers' Compensation Board within 10 days of the occurrence:
1. the injury results in loss of time from work beyond one day following the day of the injury; or
2. treatment for the injury involves more than just first aid; or
3. more than two first-aid treatments are, or will be, required.
It is quite possible that the need for a third treatment of an injury may not be apparent until after the 10-day reporting period expires. The only reasonable interpretation of the law is that the reporting time limit for such incident does not apply until it is known by the employer that additional treatments are necessary. The report (Form C-2) should be completed and filed as soon as it is known that the injury falls, or will fall, within the reporting requirements. An explanation for the late filing should be included on the report.
Any injury which does not require the filing of Form C-2 shall not be used as a basis for determining the experience modification factor, providing that the employer pays for (or reimburses the insurer for) the treatment rendered to the employee.
Section 110. Record and report of injuries by employers.
1) An employer, or a third party designated by the employer, shall record any injury or illness incurred by one of its employees in the course of employment using the form prescribed by the chair for reporting injuries under Subdivision 2 of this section. Such form, a copy of which shall be provided to the injured employee upon request, shall be maintained by the employer or a third party designated by the employer, for at least 18 years, and shall be subject to review by the chair at any time. Such form need not be filed with the chair unless the status of such injury or illness changes resulting in a loss of time from regular duties or in medical treatment which would require reporting in accordance with Subdivision 2 of this section.
2) An employer, or a third party designated by the employer, shall file with the chair of the Workers' Compensation Board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid. Such report shall state the name and nature of the business of the employer, the location of its establishment or place of work, the name, address and occupation of the injured employee, the time, nature and cause of the injury and such other information as may be required by the chair. Such report shall be filed within 10 days after the occurrence of the accident. An employer shall furnish a report of an occupational disease incurred by an employee in the course of his or her employment, to the chair of the Workers' Compensation Board, and to the carrier if the employer is insured, upon the same form. The carrier, within 14 days of receipt of the report or accompanying the initial check forwarded to the employee, whichever is earlier, or a self-insured employer within 14 days of transmitting the report to the chair or accompanying the initial check forwarded to the employee, whichever is earlier, shall provide the injured employee or, in the case of death, his or her dependents with a written statement of their rights under this chapter, in a form prescribed by the chair. An employer shall file a report of any other accident resulting in personal injury incurred by its employee in the course of employment, upon the same form, whenever directed by the chair.
3) Any injury or illness which is not required to be reported in accordance with Subdivision 2 of this section, shall not be used as a basis for determining experience modification rates, provided the employer pays in the first instance or reimburses the employer's insurer for the treatment rendered to the employee.
4) An employer who refuses or neglects to make a report or to keep records as required by this section shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000. The board or chair may impose a penalty of not more than $2,500 upon an employer who refuses or neglects to make such a report.
5) The chair shall be authorized to promulgate regulations necessary to carry out the provisions of this section. 4/07
For a copy of the Workers' Compensation C-2 form, click here.
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