§ 110 — Record and report of injuries by employers

New York § 110

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 7: Miscellaneous Provisions

Text

§ 110. Record and report of injuries by employers. 1. An employer,\nor a third party designated by the employer, shall record any injury or\nillness incurred by one of its employees in the course of employment\nusing the form prescribed by the chair for reporting injuries under\nsubdivision two of this section. Such form, a copy of which shall be\nprovided to the injured employee upon request, shall be maintained by\nthe employer, or a third party designated by the employer, for at least\neighteen years, and shall be subject to review by the chair at any time.\nSuch form need not be filed with the chair unless the status of such\ninjury or illness changes resulting in a loss of time from regular\nduties or in medical treatment which would require reporting in\naccordance with subdivision two of this section.\n 2. An employer, or a third party designated by the employer, shall\nfile with the chair of the workers' compensation board and with the\ncarrier if the employer is insured, upon a form prescribed by the chair,\na report of any accident resulting in personal injury which has caused\nor will cause a loss of time from regular duties of one day beyond the\nworking day or shift on which the accident occurred, or which has\nrequired or will require medical treatment beyond ordinary first aid or\nmore than two treatments by a person rendering first aid. Such report\nshall state the name and nature of the business of the employer, the\nlocation of its establishment or place of work, the name, address and\noccupation of the injured employee, the time, nature and cause of the\ninjury and such other information as may be required by the chair. Such\nreport shall be filed within ten days after the occurrence of the\naccident. An employer shall furnish a report of an occupational disease\nincurred by an employee in the course of his or her employment, to the\nchair of the workers' compensation board, and to the carrier if the\nemployer is insured, upon the same form. The carrier, within fourteen\ndays of receipt of the report or accompanying the initial check\nforwarded to the employee, whichever is earlier, or a self-insured\nemployer, within fourteen days of transmitting the report to the chair\nor accompanying the initial check forwarded to the employee, whichever\nis earlier, shall provide the injured employee or, in the case of death,\nhis or her dependents with a written statement of their rights under\nthis chapter, in a form prescribed by the chair. An employer shall file\na report of any other accident resulting in personal injury incurred by\nits employee in the course of employment, upon the same form, whenever\ndirected by the chair.\n 3. Any injury or illness which is not required to be reported in\naccordance with subdivision two of this section, shall not be used as a\nbasis for determining experience modification rates, provided the\nemployer pays in the first instance or reimburses the employer's insurer\nfor the treatment rendered to the employee.\n 4. An employer who refuses or neglects to make a report or to keep\nrecords as required by this section shall be guilty of a misdemeanor,\npunishable by a fine of not more than one thousand dollars. The board\nor chair may impose a penalty of not more than two thousand five hundred\ndollars upon an employer who refuses or neglects to make such report.\n 5. The chair shall be authorized to promulgate regulations necessary\nto carry out the provisions of this section.\n