Current New York State law provides that all employers, including farm employers, provide an injured worker a C-2 form, commonly referred to as the "Employer's Report of Injury" within ten days of a workplace injury. The C-2 form provides details of the injury to the employee, as well as, wage and benefit information. The form must be completed and filed with the Workers' Compensation Board within ten days of the injury. All employers are subject to a fine of up to $1,000 for non-compliance. Further, the Workers' Compensation Board may impose additional penalties of up to $2,500 in cases of egregious employer neglect.
The bill is not clear in specifying whether or not the already required C-2 form meets the requirements of providing forms to the injured worker. If other forms are required it is not spelled out in the bill and this creates confusion for both the employer and the employee. Additionally, this proposal would change the reporting time frame for injury from ten to three days for agricultural employers. This legislation would place a double burden on agricultural employers by asking them to provide claim forms, which are not defined, and to cut their time frame for reporting workplace injuries.
The Business Council of New York State, Inc., a broad-based, statewide membership organization of over 3,500 companies, chambers of commerce and trade associations has reviewed the aforementioned legislation and opposes its enactment.