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Success with WCL Section 18

Jan 11, 2021 | MAD News, NYS Workers Compensation

Recently, we have been successful in getting claims dismissed for failing to comply with WCL Section 18.  As part and parcel of those determinations, the Board has to make a determination that the employer was prejudiced by the late notice.  It is the claimant’s burden to demonstrate that the employer was not prejudiced.

However, in an effort to show prejudice, it is always helpful to be able to demonstrate that normally there is an investigation that would be undertaken after a reported accident.  By being able to demonstrate that a proper investigation was not able to have taken place because of the late notice, we are in a better position to show prejudice.

Based upon same, we recommend that investigations be completed after reports of an accident and that said investigations be made part of the normal process after each and every report of an accident.

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