A construction site injury might already leave you dealing with pain or missed paychecks, but what are the consequences when your employer also refuses to report it? How soon should you call a New York construction accident lawyer to protect your legal rights?
Under New York law, your employer must notify its workers’ compensation insurer after learning about your accident. When that report never happens, you may wonder whether you still qualify for benefits.
In this guide, Dervishi Law Group, P.C.’s construction injury lawyers in New York will walk you through why timely injury reporting on your part can make a difference and how to go about it.
Your Rights After a Construction Site Injury
According to New York City’s 2025 data, it had 320 construction worker injuries that year, including 163 falls. A construction site injury in New York comes with legal rights attached to it, whether or not your employer cooperates.
New York’s workers’ compensation system generally covers medical treatments and, when eligibility requirements are met, offers wage-loss benefits for qualifying work-related injuries. This does not require the worker to prove that their employer was at fault.
New York City tracks reported worksite accidents to help identify hazardous conditions and strengthen safety enforcement. Seeking prompt treatment after your injury can protect your health and create a record that supports your claim. It is important to report every symptom to your doctor, even those that seem minor or irrelevant.
The state also gives a clear deadline from the date of your accident to notify your employer of your injury, and to file a formal claim with the New York State Workers’ Compensation Board. Missing these deadlines may create problems for any claim you bring forward afterward, so acting quickly helps you protect your options.
Why You Should Contact a Construction Accident Attorney in New York
An attorney who handles similar cases understands that a workers’ compensation claim can become complicated when an employer refuses to report the injury. Insurance carriers may question the timeline and the cause. The severity of your injury may also be questioned when the paperwork looks incomplete.
When your employer stays uncooperative, you are essentially building your case without their help. Working with a New York construction accident lawyer may be helpful, as they are often familiar with these challenges and can communicate with the Workers’ Compensation Board, gather evidence, and track deadlines on your behalf.
An attorney can also examine whether a third party, such as a general contractor or property owner, might share responsibility for your injury if you wish to press matters beyond workers’ compensation.
Why Employers Might Refuse To File an Employer Injury Report
Some employers avoid submitting an injury report because it can raise their insurance premiums or draw attention to safety violations on the job site. Whatever the reason, an employer’s silence cannot affect your right to claim benefits after an accident.
New York law typically gives employers 10 days after learning of an accident to notify their insurance carrier. Timely injury reporting protects workers and employers, since delays can slow investigations and stall the treatment or wages you need.
An employer who ignores this duty may face fines from the state. If your employer fails to report your injury, consider consulting an attorney for legal guidance.
Steps To Take If Your Employer Won’t Report Your Injury
According to BLS’s 2024 New York workplace injury survey, the state’s construction industry reported 5,100 nonfatal injury and illness cases that year. Employers must report workplace incidents to the Board and carrier on or before the 18th day afterward, or within 10 days of learning of the event, whichever is greater. However, you do not have to wait for your employer to act to file your own workers’ compensation claim.
In New York, you might consider taking the following actions as soon as possible after your construction site injury:
- Notify your employer of the injury in writing, even if you already reported it in person.
- Collect the names and contact information of any coworkers who witnessed the accident.
- Write down your own account of what happened while the details are still fresh.
- File a C-3 Employee’s Claim Form directly with the New York State Workers’ Compensation Board.
- Continue your medical treatment, keeping copies of every record and bill.
Taking these steps can help you build a paper trail that supports any subsequent claim, whether or not your employer files its own report. The more documentation you gather early, the harder it becomes for an insurance carrier or another party to dispute your account as time goes on.
What If the Insurance Carrier Disputes Your Claim?
The main problem with an employer refusing to report an incident is that the insurance carrier may treat your workers’ compensation claim as a controverted claim. In these cases, the carrier may argue that the accident did not happen or that your injuries are not as serious as you claim. A hearing before the Workers’ Compensation Board often follows.
Witness statements and a written timeline of the accident may help you respond to counterarguments. Understanding your legal rights is important in a disputed claim, especially when this process moves more slowly and asks more of you as the injured worker.
How Dervishi Law Group, P.C., Stands Behind Injured Workers
According to the New York City Department of Buildings’ 2025 Construction Safety Report, Manhattan recorded 238 construction-related incidents in 2024 and 184 in 2025, which is more than any other borough for both years. When your employer refuses to report an injury, a New York construction accident lawyer may still be able to help you pursue the medical treatment and wage benefits accessible to you by law.
At Call Dervishi Law Group, P.C., we represent injured construction workers across New York who face similar situations, including falls and many other common construction injuries. Call Dervishi Law Group, P.C., at 718-484-4757 to speak with a New York construction accident lawyer about your claim.
Frequently Asked Questions
Here are answers to a few common questions that injured workers in New York may ask about missing employer injury reports.
What Happens If My Employer Never Files an Injury Report?
You can still file a workers’ compensation claim directly with the New York State Workers’ Compensation Board, even if your employer has not filed its required injury report. Injured workers can file an Employee Claim (Form C-3) with the Board.
How Long Do I Have To Report a Construction Site Injury?
New York law typically gives injured workers 30 days from the date of the accident to notify their employer, though the Board recommends reporting it as soon as possible. You generally have two years from the incident to file a formal claim with the Workers’ Compensation Board. Employers must also file their reports within the given timeframes.
When Should I Contact a Construction Accident Attorney in New York?
Consider contacting a New York construction accident attorney as soon as possible after an accident, particularly if your employer disputes the injury, fails to report it, or you are concerned about your legal deadlines or potential third-party claims.
Can a New York Construction Accident Lawyer Help If My Employer Retaliates Against Me?
New York law prohibits an employer from retaliating against an employee when they file or attempt to file a workers’ compensation claim. If you believe you were fired or otherwise retaliated against because you reported an injury or sought workers’ compensation benefits, a construction accident attorney can review the circumstances and explain your available options.
