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When an employer violates workers comp laws

Accidents can happen anywhere, but when they occur on the job, the steps that unfold may differ from those of a typical incident. For instance, most New York employers are required by law to accommodate employees who have suffered an injury while at work. They may be required to supply proof of safety training, documentation of the incident and other information. When an employer appears to have violated a worker's rights, legal action may be the necessary step.

Unfortunately, workers compensation violations are no rare occurrence. New York's Workers Compensation Board outlines the penalties and liabilities that apply when an employer refuses to comply with state law, noting that there are few exceptions to workers compensation coverage. When it comes to ascertaining specific violations, the Board may seek proof of the employer's workers compensation insurance policy. They may also inspect an employer's business records. The Board also points out that employers have 10 days to supply the aforementioned details before they may assume the employer is in violation of the law.  

By far one of the most controversial topics today, employer retaliation is another common concern among workers. As with many inappropriate situations that employees experience at work, Workplace Fairness identifies fear of retaliation after an injury as a reality that countless New Yorkers face. However, most states prohibit such discrimination. If an employee decides to take legal action against an employer for refusing compensation, they generally must prove the following: 

  • The employee was entitled to receive benefits under law
  • The employee took protected activity
  • The employee suffered adverse employment repercussions
  • The employer was motivated by the protected activity to impose the unfavorable action  

Workplace Fairness adds that employees must exercise a right covered by the workers compensation program in order to gain protection. Laws may differ in this regard, and employees who suspect a violation has taken place can find additional resources on state regulations. 

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