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Can I Sue My Employer for Not Reporting My Injury in NY?

by | Jan 9, 2024 | Workers' Compensation

When you suffer an injury at work, it can be a confusing and stressful time. You’re dealing with medical appointments, recovery, and the financial stress of missed workdays. But what happens if your employer fails to report your injury? Are you wondering, “Can I Sue My Employer for Not Reporting My Injury in NY?” It’s a situation that unfortunately occurs, and it’s essential to understand your rights and options.

The Responsibility of Employers in Injury Reporting

Can I Sue My Employer for Not Reporting My Injury in NY?

In New York, employers have specific legal responsibilities when it comes to reporting workplace injuries. Understanding these obligations is crucial for both employers and employees. Here’s an overview of what New York law requires of employers in the event of a work-related injury:

Immediate Response to the Injury

If an employee is injured at work, the first responsibility of the employer is to ensure the employee receives necessary medical attention. This could involve calling for emergency services or providing first aid.

Reporting the Injury

  • Informing the Workers’ Compensation Board: Employers are required to report the injury to the New York State Workers’ Compensation Board. This report should be made as soon as possible but no later than within 10 days of the incident or of the employer becoming aware of the injury.
  • Completing the Necessary Forms: The employer must complete and submit a Form C-2, titled “Employer’s Report of Work-Related Injury/Illness”, to the Workers’ Compensation Board.
  • Employee Notification: Employers are also required to inform the injured employee of their workers’ compensation rights. This includes providing information on how to file a claim and the benefits available.

Record Keeping

Employers must keep detailed records of work-related injuries and illnesses. These records are important for compliance with state laws and may be requested by the Workers’ Compensation Board or other state agencies.


Employers are prohibited from retaliating against an employee for reporting a work-related injury or illness. This includes any form of punitive action like termination, reduction in hours, or demotion.

Cooperation in the Claims Process

Assisting in the Claims Process: Employers should cooperate in the workers’ compensation claims process, which may include providing additional information about the injury and the circumstances surrounding it.

Insurance Requirements

New York law requires most employers to have workers’ compensation insurance. This insurance covers the cost of medical care and rehabilitation for injured workers, as well as lost wages.

Failure to comply with these requirements can result in significant penalties for the employer, including fines and legal consequences. Both employers and employees in New York need to understand these responsibilities to ensure a smooth and lawful handling of any work-related injuries. For specific legal advice or assistance, contacting a knowledgeable workers’ compensation attorney is advisable.

Can I Sue My Employer for Not Reporting My Injury in NY?

In New York, the workers’ compensation system is generally designed as a no-fault system, which means that employees typically cannot sue their employers for work-related injuries or illnesses. Instead, they are expected to seek remedy through workers’ compensation benefits, which can cover medical expenses and lost wages. However, there are specific circumstances where additional legal action might be possible:

Failure to Carry Workers’ Compensation Insurance

If an employer is legally required to have workers’ compensation insurance but fails to do so, an employee might have the option to sue the employer directly for injuries sustained.

Intentional or Egregious Conduct

In rare cases where an employer’s actions are intentional, malicious, or egregiously negligent, leading directly to an injury, there might be grounds for a lawsuit outside of the workers’ compensation system.

Retaliation or Discrimination

If an employer retaliates against an employee for filing a workers’ compensation claim, such as through wrongful termination or discrimination, the employee may have a legal claim against the employer.

Third-Party Claims

In situations where a third party (not the employer) is responsible for the injury, the employee might have the right to sue this third party. For example, if a defective piece of equipment caused the injury, the employee might have a claim against the equipment manufacturer.

Failure to Report the Injury

If an employer fails to report an injury as required by law, while the employee cannot typically sue for the injury itself, they might have legal recourse if the failure to report hinders their ability to receive workers’ compensation benefits. This can become a complex legal issue, and the specific circumstances of the case would determine the appropriate legal response.

Given the complexity of workers’ compensation laws and the potential for unique circumstances in each case, employees must seek legal advice. A workers’ compensation attorney can guide the best course of action, including whether any legal action outside of the workers’ compensation system is advisable or necessary.

Remember, each situation is unique, and the laws may change, so consulting with a knowledgeable lawyer who is up-to-date with the current laws and regulations in New York is essential.

Exceptions to the Rule

There are exceptions where an injured worker might be able to sue their employer directly. These are rare and usually involve situations where the employer’s actions were intentional and harmful, such as gross negligence or malicious intent.

The Importance of Legal Advice

Navigating these complexities can be challenging, which is why seeking legal advice is crucial. A knowledgeable workers’ compensation lawyer can help you understand your rights and guide you through the process.

Steps to Take if Your Employer Doesn’t Report Your Injury

  • Document Everything: Keep detailed records of your injury, your reports to your employer, and any related communications.
  • Seek Medical Attention: Your health comes first. Ensure you get the medical care you need and keep records of all treatments related to your injury.
  • Contact a Workers’ Compensation Lawyer: A lawyer experienced in workers’ compensation can advise you on your next steps, including filing a claim on your own and exploring other legal options.
  • File a Workers’ Compensation Claim Yourself: In many states, you can file a claim directly with the workers’ compensation board if your employer fails to do so.
  • Consider Other Legal Actions: Based on your lawyer’s advice, explore if other legal actions are appropriate, such as filing a complaint with NY state labor department.

Katz, Leidman, Freund & Herman: Advocates for Injured Workers

At Katz, Leidman, Freund & Herman, we understand the challenges you face when dealing with workplace injuries. Our experienced team is dedicated to ensuring that your rights are protected and that you receive the benefits and compensation you deserve. If your employer has failed to report your injury, or if you’re facing any other issues with your workers’ compensation claim, we are here to help.

Remember, every case is unique, and legal options vary based on individual circumstances. Contact us for a consultation, and let us guide you through your legal options to ensure your rights are upheld.