Employers in New York are required to provide any injured employee with a “Claimant Information Packet” immediately following a reported injury. There is a question on the Worker’s Compensation Board’s C-2 form, where they must indicate that they gave the packet to the employee and the date they did so.
There are fines associated with an employer’s failure to provide this packet, but until now they have been generally unenforced by the Board. However, we have been advised that the Board may start enforcing this requirement and fining employers who do not provide the packets to claimants. It is important for employers to understand: Insurance carriers will not pay this fine.
Many insurance carriers in New York automatically send the claimant a packet once the claim is set up – but some do not (most noteworthy – the New York State Insurance Fund or “NYSIF”). To avoid fines, those employers that have their Worker’s Compensation Insurance through the NYSIF should make certain that Claimant Information Packets are promptly distributed to newly injured employees.