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Bangel, Cohen & Falconetti Blog

Strong Representation for Injured Workers

What to do if an employer refuses to report an NYC workplace injury

An employer’s refusal to report a workplace injury does not automatically stop a New York workers’ compensation claim. An injured worker may still file directly with the New York State Workers’ Compensation Board, but any delay can make the claim harder if the worker does not act quickly.

You can still file a claim without the employer’s report

New York law requires employers to report work injuries, but the worker does not lose the right to seek benefits just because the employer refuses to cooperate. The claim can still move forward if the worker files the proper form with the state.

New York workers can file directly with the Board when an employer refuses to report the injury. That step becomes especially important when the employer denies the injury happened, delays the paperwork or pressures the worker not to report it.

What should the injured worker do next?

A worker in this situation should not rely on the employer to handle everything. They should keep records, report the injury promptly and take separate steps to protect the claim, such as:

  • Getting medical treatment right away
  • Reporting the injury in writing
  • Keeping copies of accident details and witness names
  • Filing the claim directly with the Board
  • Tracking deadlines and follow-up notices

These steps matter because the employer’s delay or refusal can create problems with proof of the injury later.

Delays can create evidence and deadline problems

A workers’ compensation case depends on medical records, notice dates and whether the worker reported the injury before the deadline. Missing employer reports can make workers’ compensation claims harder when the parties later dispute notice dates and medical proof. A workers’ compensation lawyer can protect the claim before missing paperwork turns into a denial. An employer’s refusal should not become the reason an injured worker loses the chance to recover benefits.

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