No—your employer cannot legally deny you the right to apply for workers’ compensation.
Here’s how it works (especially relevant in New York):
What your employer cannot do
❌ They cannot stop you from filing a workers’ comp claim
❌ They cannot fire or retaliate against you for filing
❌ They cannot require you to use your own health insurance instead
What they can do
✔️ They can dispute the claim (for example, say the injury wasn’t work-related)
✔️ They can request medical proof or investigation
Even if your employer says:
“It’s not work-related”
“You missed the deadline”
“We don’t have workers’ comp”
👉 You still have the right to file a claim. The Workers’ Compensation Board—not your employer—decides eligibility.
What you should do now
Report the injury in writing to your employer as soon as possible
Get medical treatment and tell the provider it’s a work injury
File Form C-3 with the Workers’ Compensation Board
Keep copies of everything
Important
If your employer is pushing back, delaying, or intimidating you, that’s a red flag 🚩 and legal help can make a big difference. Call my office at
The Law Offices of Mario S Crisafulli
