We have discussed the importance of having a workers’ compensation insurance policy in your home if you have a nanny or other domestic worker. And in New York, if you have an employee that works 40 hours or more in any one week of the calendar year, you are required by law to have both workers’ comp and disability insurance policies. But that doesn’t mean you have to file a claim for each and every injury sustained by your employee while on the job.
Whenever an injury exceeds any one of the following limitations, a Report of Accident Form (Form C-2) must be filed with the Workers’ Compensation Board within 10 days of the occurrence if:
- the injury results in loss of time from work beyond one day following the day of injury; or
- treatment for the injury involves more than “ordinary first aid”; or
- more than two first-aid treatments are, or will be, required.
It is 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 in such a case does not apply until it becomes known by the employer that additional treatments are necessary.
Form C-2 should be completed and filed as soon as it is known that the injury falls within the reporting requirements. An explanation for late filing should be included on the report.
By not reporting minor injuries, where no report is required, your Workers’ Compensation Policy will have a more favorable experience modification factor, which may help reduce premium costs. Of course, you will then need to pay the medical expenses in lieu of the insurer.
However, a written record of all injuries sustained by employees, including those for which no Report of Accident Form must be filed, must be kept by the employer for 18 years and made available whenever directed by the Workers’ Compensation Board.