When an Employer Must Report a Workers' Compensation Injury in New York.

New York Workers’ Compensation Law Section 110 states that an accident must be reported when it:

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.

In order to be reportable, the injury must:

  • Cause the worker to lose one day of work in addition to the date of loss; OR
  • Require more than ordinary first aid; OR
  • Require at least three “first aid” visits.

The Workers Compensation Board has an official form for reporting injuries (“Form C-2: Employer’s Report of Work-Related Injury or Illness”). WCL § 110(1). The form must be provided to the injured player upon request and has to be maintained (held) by the employer for at least 18 years.

The C-2 report must be filed with the Workers Compensation Board within 10 days after the occurrence of the accident.

Failure to file the report subjects the employer to potential misdemeanor criminal liability, punishable by fine of not more than $1000. A second penalty – not to exceed $2500 – can be imposed by the Board. See § 110 (4).

Information regarding any injury or illness that does not meet the reporting requirements as set forth in § 110 must nonetheless be maintained by the employer for at least 18 years and shall be subject to review by the chair of the Board at any time. Even if an injury or illness is not reported it must be monitored to determine if it meets the reporting requirements at a later date (for example, the claimant obtains more than two first aid treatments).

Greg Lois is the managing partner of LOIS LLC, a 19-attorney law firm dedicated to defending employers and carriers in New York and New Jersey workers' compensation claims. Greg is the author of a popular series of "Handbooks" on workers' compensation, and is the co-author of the 2016 Lexis-Nexis New Jersey Workers' Compensation Practice Guide. Greg can be reached at 201-880-7213 or glois@lois-llc.com