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  1. #1
    Join Date
    Nov 2011
    Posts
    8

    Default Reporting Laws

    My question involves workers compensation law for the state of: NY

    I am the store manager of a small store in NY state, the owner is VERY hands on. The owner regularly will pull employees to perform duties not directly related to the store. Some of these "duties" include filling his wood stove (daily sometimes twice daily), and cutting logs to fill his stove. One of the employees was injured while performing these "duties." An expelled wood chip came out of a chainsaw and hit him in the eye. The employee finished his day of work, but went to the hospital afterwards where they cleaned it and examined it. He told the hospital it happened at work, and gave them the name of the company.

    The following day, he came in to fill out an accident report, in talking to the owner about this he told me to put that he was given "first aid" and that he would pay the hospital bills out of pocket, so the insurance premiums don't go up. In addition he also wanted me to falsify where the accident occurred, as it was on someone elses property (neither the store, nor the owners). I refused to do this and was told that he "doesn't do anything shady or illegal", and that if I wouldn't fill out the paperwork how he wanted, I wasn't to fill out accident reports any more.

    I'm not going to lie on any kind of paper, or sign anything that has false information on it. My questions are though, if an employee goes to the hospital for an accident, is the bill required to go through the insurance company? Second if I know he lied on the accident report (he filled out the one that goes to the insurance himself) am I required to report it, and if so who do I report it to?

    Thank You

  2. #2
    Join Date
    Sep 2011
    Posts
    313

    Default Re: Reporting Laws

    if the hospital is informed that it's a work injury they are required to notify the work comp carrier.
    no, you are not required by comp law to report suspected insurance premium fraud by your employer.
    the carrier would want to know if the employer is hiding work injuries.
    you could also report the incident to the NY Fraud Inspector General:
    http://www.wcb.ny.gov/content/main/fraud/Fraudpg.jsp

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