Comp Claim To Tackle?

Call Sawers & Sackel.

Things employers do to skirt workers’ comp requirements

| Aug 23, 2018 | Workers' Compensation

If your employer or supervisor takes a cavalier attitude toward rules and regulations, it could be a sign of trouble ahead. Disregard for the law could have implications if you suffer a work injury and seek the workers’ compensation benefits to which you are entitled.

These are bad signs

Under New York law, almost all employers in the state must have workers’ compensation coverage for their employees.

To help educate their employees, most employers have an obligation to post a standardized Notice of Compliance where it can be easily seen. The lack of such a posting is one potential red flag regarding the employer’s compliance with workers’ compensation rules and regulations. But there are other red flags, including:

  • The employer regularly pays some individuals cash under the table
  • The employer misclassifies the nature of employee work, such as reporting employees as independent contractors

Other indicators that your employer might not be friendly toward workers’ compensation claims include:

  • The employer does not promptly help you receive necessary medical care
  • The employer delays notification of injuries to the insurance carrier and the state workers’ compensation board
  • The employer fails to provide the board with complete, accurate payroll records

State law also provides workers a measure of job protection. An employer cannot fire you or even threaten to fire or demote you if you file a workers’ compensation claim after an injury.

Do you have questions?

Obviously, the best way for an employer to avoid workers’ compensation claims is to do everything possible to prevent injuries from happening in the first place. To avoid paying the price for employer law violations of workers’ compensation laws, workers should speak with a skilled attorney.