Content reviewed by:
Alex Shulman
If your boss claims you were off the clock when you got hurt, you should still pursue your Workers’ Compensation claim if you believe it has merit. You may be able to prove your boss is incorrect using evidence and witness testimony that shows where and when the injury occurred.
In some circumstances, you may be able to pursue Workers’ Compensation or a personal injury lawsuit even if you were off the clock when you got hurt. Whenever your right to benefits is in question, it’s a good idea to talk to an attorney who understands Workers’ Comp.
Our New York City Workers’ Compensation lawyers have over 200 years of combined experience standing up for New Yorkers who were hurt at work. Every Borough, Every Block, New York, We Got You. Call to schedule your free consultation and tell us what happened.
Can Your Boss Stop You From Getting Workers’ Compensation?
No, your employer can’t prevent you from seeking Workers’ Comp by claiming you were injured off the clock. Workers’ Compensation in New York is a legal requirement for most businesses. Even if your employer does not believe you are entitled to benefits, the decision is not theirs.
However, your employer, or more likely their insurer, may challenge your claim, and your boss’s statements can carry weight. A skilled attorney can help you compile evidence that disputes your employer’s statement and proves your version of events is correct.
Who Determines if You Get Workers’ Comp in New York?
Your employer’s insurance company will review your claim and seek evidence in order to decide whether or not to approve it. A report from your boss may be one piece of evidence among many. If the insurance company denies your Workers’ Comp claim, you can contest the decision.
With the help of a knowledgeable lawyer, you can appeal a New York Workers’ Compensation decision. Ultimately, you can elevate your case to the New York State Workers’ Compensation Board if needed. They, not your employer or their insurance company, make the final determination on your benefits.
What Evidence Do You Need for a Workers’ Comp Claim?
Proving your claim will require clear evidence that your injury is work–related. This doesn’t mean it had to happen on the jobsite. For example, injuries while running errands at the direction of your boss, while traveling for business, or while working remotely may count.
Medical records and a report from your physician stating their opinion on how the injury happened are helpful. It’s also extremely important to report your injury to your employer as soon as it happens, as the incident report and witness statements can be key evidence.
Can You Sue Your Employer if You Were Off the Clock?
Except in very specific circumstances, you usually can’t sue your employer for a work-related injury. However, if they are claiming it did not happen while you were performing job-related activities, you may have the option of filing a personal injury lawsuit.
It is usually best to follow through on your Workers’ Comp claim as thoroughly as possible before considering a personal injury case, as proving liability against your employer is extremely difficult. Your attorney can offer advice on the best way to proceed in your specific circumstances.
How Long Do You Have to File a Claim?
In New York, you have two years to file a Workers’ Compensation claim, and missing this deadline can mean losing your legal rights. However, you must report your injury within 30 days to retain the ability to pursue a claim.
Practically, it is wise to report the incident as soon as possible. This leaves less room for your employer to question the injury, ensures you get medical care as soon as possible, and allows for witness statements while events are still fresh in people’s minds.
If you choose and are able to pursue a personal injury claim instead, the statute of limitations is three years in most cases, as per N.Y. C.P.L.R. § 214.
Get Help With Your Workers’ Compensation Claim
It can be frustrating when your boss says you were hurt off the clock instead of on the job. It could be an honest mistake, or it could be an attempt at sabotaging your legitimate claim. Don’t abandon your Workers’ Compensation claim simply because of what your boss says.
Your boss does not decide if you can receive benefits. Their lack of cooperation may make things tougher, but it does not stop you from filing a successful claim. It’s normal to feel overwhelmed when you’re injured. Make sure you get the legal help you need.
Shulman & Hill has recovered more than $1 billion in awards and settlements for injured New Yorkers. We stand up for the rights of people hurt through no fault of their own. Call now to schedule your free consultation and discuss your case.
