Content reviewed by:
Alex Shulman
You may face legal challenges if your pay was misreported in a workers’ compensation claim in New York. If the workers’ comp system believed you made more than you actually did, you could have to pay some of your benefits back. If your wages were underreported, you may qualify for additional benefits.
A skilled New York workers’ compensation lawyer from the team at Shulman & Hill Injury Lawyers can tell you more about how the system works and explain what information you need to provide about your average wages after an injury at work.
Understanding Who Reports Your Pay for a Workers’ Comp Claim
Your employer’s rights and responsibilities after a work accident include the responsibility to report your salary for the determination of your Average Weekly Wage. In a perfect world, workers could trust that their employers would always provide workers’ comp with accurate information about their wages.
However, employers sometimes make mistakes or could even intentionally misrepresent your wages to the workers’ comp agency. If you believe this happened, you should reach out to an attorney at Shulman & Hill for immediate help and legal advice about what happens if your pay was misrepresented in your workers’ comp claim.
You Also Report Your Wages to Workers’ Comp
Filing an employee claim after an accident will require you to provide information about:
- Your gross pay before taxes
- How often you were paid
- Any tips or lodging you received in addition to pay
It’s crucial that you provide accurate information to the workers’ comp department about your wages, as the department can compare the information you provide to what your employer offers.
An attorney can also represent you immediately after an accident at work, reviewing the information reported about your claim to look for potential mistakes.
What if Your Pay Was Misreported in Your Workers’ Comp Claim?
You need to take action if your pay was misreported in your workers’ comp claim. An attorney from Shulman & Hill can explain how to contact the workers’ comp department to tell them what happened and correct the information they received from you or your employer.
Depending on the nature of the incorrect reporting of your pay, you may receive increased benefits for your lost wages, or you may have to pay back some of the benefits you received to workers’ comp.
You can speak to an attorney to ensure you understand the right steps to take in this situation.
Frequently Asked Questions About Misreporting Wages for Workers’ Comp Claims
The skilled legal team at Shulman & Hill can answer questions about what happens if your pay was misreported in a workers’ comp claim, like:
Why Does the Workers’ Comp System Need Information About My Pay?
New York’s workers’ comp system pays injured workers a percentage of their average wages for the time they spend off work and healing after a workplace accident. Therefore, the system needs information about your normal rate of pay in order to calculate the benefits you’ll receive.
The workers’ comp system can also provide benefits to cover your medical bills and some other losses. An attorney can give you more detailed information about the benefits available in your situation.
How Soon Do I Have to Report My Wages to the Workers’ Comp System?
You’ll need to provide information about your wages when you file your workers’ comp claim. The system will want to know about your gross pay in general at the time of the accident, so you should provide information about the average amount you make, not information based on unusually high or low pay periods.
Is It True That Employees Can Get Accused of Workers’ Comp Fraud?
Yes, in some cases, the workers’ comp system will accuse employees of fraud for misrepresenting facts on their applications, including information about their average wages. Intentionally misreporting how much money you make at work could potentially result in these allegations.
However, mistakes can also happen. If you accidentally wrote down the wrong information on your application, you should correct it as soon as you notice the issue.
What Other Information Do I Need to Include on a Workers’ Comp Application?
In addition to information about your pay, your workers’ comp application must include details about:
- Your employer
- Your job when the accident happened
- The injury or illness you developed due to events at work
- The medical treatment you’ve received
- Your potential plans to return to work
Your lawyer can tell you more about filing your claim.
Talk to Us If Your Pay Was Misreported on a Workers’ Comp Claim
Are you wondering about what happens if your pay was misreported in your workers’ comp claim? If that happens, you could have to pay back some of the benefits you received or end up getting more benefits.
Our team at Shulman & Hill can provide more detailed information about the outcomes of this situation when you contact us for help. We have over 200 years of combined experience, and we’re ready to stand up for you after an accident at work.
