Not every employer responds to a workplace injury the way the law requires. Some employers are cooperative. They complete the accident report, file the C-2 with the Workers’ Compensation Board, and direct the injured worker to a Board-authorized physician. Other employers do none of these things. Instead, they discourage the worker from filing a claim.
Employer discouragement takes many forms. Some are subtle. Some are direct. All of them are designed to keep the injury out of the workers’ compensation system. And all of them are problems that injured workers across New York City and Long Island encounter regularly. Understanding what discouragement looks like and how to respond to it is essential to protecting your claim.
What employer discouragement looks like
The most common form of discouragement is the suggestion that the injury does not need to be reported. The employer tells the worker it is not a big deal, that it will get better on its own, or that filing a claim will create unnecessary paperwork. This is not advice offered for the worker’s benefit. It is an attempt to avoid a workers’ compensation claim, which can increase the employer’s insurance premiums and create administrative obligations.
Another common form is the suggestion that the worker file the claim under their personal health insurance instead of workers’ compensation. The employer may say that health insurance will process the claim faster, or that it is simpler. Do not do this. A work-related injury belongs in the workers’ compensation system. Filing it under health insurance can delay your workers’ compensation claim, create reimbursement disputes between insurers, and undermine the connection between the injury and your employment.
Some employers provide false information about deadlines or eligibility. A worker may be told they only had 24 hours to report the injury, when the actual deadline is 30 days. A worker may be told that because they are part-time, temporary, or paid off the books, they are not eligible for workers’ compensation. These statements are incorrect. The 30-day notification deadline is set by statute. Part-time, temporary, and off-the-books workers are covered under New York law.
Other forms of discouragement are more direct. An employer may threaten to fire the worker, reduce their hours, change their schedule, or assign them to undesirable tasks. An employer may tell the worker that filing a claim will “create problems” or that the worker will be “replaced.” These threats are illegal under New York law.
New York law prohibits employer retaliation
Workers’ Compensation Law Section 120 makes it a misdemeanor for an employer to discharge, threaten, or otherwise discriminate against an employee because the employee filed a workers’ compensation claim or testified in a workers’ compensation proceeding. The protection is broad. It covers not just termination but any adverse employment action taken in retaliation for exercising your rights under the workers’ compensation system.
If you are retaliated against, you have several options. You can file a complaint with the Workers’ Compensation Board. You can also pursue a claim for reinstatement, back pay, and restoration of benefits. In some cases, the employer may face criminal prosecution for the retaliatory conduct.
The existence of this protection does not mean retaliation never happens. It does. But the law provides a remedy, and employers who retaliate face meaningful consequences. Do not allow the fear of retaliation to prevent you from reporting an injury and filing a claim. The legal protections exist precisely for this situation.
Pressure tactics that do not look like threats
Not all employer discouragement comes in the form of explicit threats. Some employers use softer tactics that are harder to identify as interference. An employer may express concern for the worker and suggest that filing a claim will be “stressful” or “complicated.” An employer may offer to pay for medical treatment out of pocket “to keep things simple.” An employer may suggest the worker take a few days off and see if the injury resolves before “going through all the trouble” of a workers’ compensation claim.
These approaches may sound reasonable. They are not. An out-of-pocket arrangement between the worker and the employer bypasses the workers’ compensation system entirely. If the injury turns out to be more serious than expected, the worker has no claim on file, no official medical record connected to the workplace, and no legal protection. The employer’s informal arrangement is not enforceable. The workers’ compensation system is.
Similarly, an employer who suggests waiting to see if the injury resolves is asking the worker to let the 30-day notification period run while the employer hopes the problem goes away. If the injury does not resolve and the worker tries to file later, the delayed reporting creates exactly the kind of credibility problem that benefits the employer and its insurance carrier.
What to do if your employer discourages you from filing
Report the injury in writing. Send an email or a text message to your supervisor describing the injury, when it occurred, and where it occurred. Keep a copy. This creates a dated record that your employer cannot later deny receiving.
File the C-3 Employee’s Claim Form with the Workers’ Compensation Board yourself. You do not need your employer’s cooperation or permission to file. The C-3 is available at www.wcb.ny.gov and can be submitted electronically. Your employer files the C-2. You file the C-3. If your employer does not file the C-2, that is a problem for the employer. It does not affect your ability to pursue your claim.
See a Board-authorized physician. You have the right to choose your own doctor, as long as that doctor is authorized by the Workers’ Compensation Board. You do not need your employer’s permission to seek medical care for a work-related injury.
Document everything. If your employer makes statements discouraging you from filing, write down what was said, who said it, when, and where. If the statements were made by text or email, save them. If there were witnesses, note their names. This documentation may become relevant if you need to file a retaliation complaint or if the employer later disputes that the injury occurred.
If your employer threatens you with termination or other adverse action for filing a claim, that threat itself is a violation of Workers’ Compensation Law Section 120. Do not let it stop you. Report the threat and file your claim.
Why some employers discourage claims
Employers who discourage workers’ compensation claims generally do so for financial reasons. Workers’ compensation insurance premiums are experience-rated, meaning the employer’s claims history affects the cost of coverage. More claims can mean higher premiums. Some employers, particularly small businesses, view claims as a direct financial threat. Others are concerned about regulatory scrutiny, OSHA investigations, or the administrative burden of managing a claim.
Understanding the employer’s motivation is useful because it explains the behavior, but it does not excuse it. The workers’ compensation system exists to protect workers who are injured on the job. An employer’s interest in keeping premiums low does not override a worker’s right to medical care and wage replacement after a workplace injury. The system was designed with both parties’ interests in mind. When an employer attempts to keep a legitimate claim out of the system, the employer is not protecting the system. The employer is undermining it.
How Schwartzapfel Holbrook handles cases involving employer interference
At Schwartzapfel Holbrook, we represent injured workers who have been discouraged, pressured, or threatened by their employers for filing or attempting to file workers’ compensation claims. When a client comes to us in that situation, we ensure the claim is properly filed with the Board regardless of the employer’s conduct, we document the employer’s interference for potential Section 120 proceedings, and we prepare the case for a hearing if the claim is disputed.
Employer interference does not make a claim go away. It makes the claim more complicated and it makes legal representation more important. If you have been discouraged from filing a workers’ compensation claim, the most important thing you can do is file the claim anyway.
Schwartzapfel Holbrook / Fighting For You