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In short, you have two years to file a claim for your workplace injury, but it may take longer for that lawsuit to work through the court system and a settlement to be docHubed. Once you do receive a settlement in your case, your workers compensation benefits are outlined and clearly explained to you.
Exceptions to the exclusive remedy rule for actions against the injured workers employer include: (1) dual capacity; (2) fraudulent concealment; (3) employer assault or ratification; (4) power press; and (5) uninsured employer.
Virtually all employers in New York State must provide workers compensation coverage for their employees (WCL 2 and 3). Employers must post notice of coverage in their place(s) of business (WCL 51).
Failure to secure the payment of compensation for more than five employees within a 12 month period shall constitute a class E felony punishable by a fine of not less than $5,000 nor more than $50,000 and is in addition to any other penalties otherwise provided by law.
Workers Compensation coverage is not required if the business is a one or two person owned corporation, with those individuals owning all of the stock and holding all offices of the corporation (each individual must hold an office and own at least one share of stock).
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Important note: Workers under your direct control may be considered your employees for workers compensation purposes, regardless of their tax status. You may need insurance even for those receiving 1099s. Who does not need insurance? Sole proprietors with no employees.
Failure to secure workers compensation coverage for five or fewer employees within a 12-month period is a misdemeanor punishable by a fine of between $1,000 and $5,000.
Procedures for Reporting Injuries and Filing Claims The employer should notify its insurance carrier, or if it is self-insured the claims administrator, as soon as it has knowledge of an injury. Medical treatment if needed should be authorized immediately.

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