I cannot stress enough the importance of reporting an injury to your supervisor immediately and then filing the appropriate paperwork with the Workers’ Compensation Board. New clients repeatedly tell me that they did not file their claim or report it immediately because work injuries are frowned upon by their employer. People are routinely intimidated and afraid of losing their jobs. Nonetheless, a late reporting or filing will allow the insurance company to ask “Did this accident or injury ever really happen?”. Late reporting or filing can be the sole reason that the carrier controverts a claim instead of paying it in a prompt manner. It raises a red flag and brings into question creditability.
Luckily, the Law Judge’s that we practice before in the Albany, NY District are usually fair and reasonable, understanding that workers may be inclined not to report an injury hoping that it goes away. When in doubt, it is always best to file a written accident report immediately and a C-3 with the NYS Workers’ Compensation Board.