Legal Question in Workers Comp in New York
Employer form compliance
How does one force an unwilling employer to fill out necessary insurance or workers comp forms so that a claim can be processed ?
2 Answers from Attorneys
Re: Employer form compliance
You should consult with a comp lawyer who can protect your rights from such an employer. We have 10 offices in NY so please feel free to contact me if you would like assistance for your case.
Re: Employer form compliance
The only way to force them to file a comp form is to initiate a claim yourself. You need to file a form called a C-3. You can get a copy off the comp board's website or go to a local comp board location yourself. As always, it is best to consult with a lawyer because filling out a C-3 is actually a "statement" made by you and you can be cross-examined by the insurance company if it is not accurate. Once a C-3 is recieved, the Board "indexes" the Claim and directs the employer to file their own accident report if they have not already done so. Another way to index a claim is to have your doctor fill out a C-4 report and send it to the Board. A C-3 is by far the most reliable and safest way to commence a claim.