Content reviewed by:
Alex Shulman
If your employer offers you cash instead of reporting your injury, you should refuse the money to preserve your right to workers’ compensation benefits.
While a cash offer from your boss can be tempting, accepting the money is risky. A New York workers’ compensation lawyer from Shulman & Hill Injury Lawyers can help you file a workers’ comp claim and pursue the benefits you are entitled to.
What Should I Do If My Employer Offers Me Cash Instead of Reporting My Injury?
If your employer offers you cash in place of reporting your injury, do not accept. Instead, you should:
- Report the injury: If you haven’t already, notify your employer about the injury in writing.
- Seek medical attention: Get evaluated by a medical professional, even if your injury seems minor. Make sure you tell your provider that the injury occurred at work.
- Document the offer: Write down what your employer offered, when the conversation occurred, and what your employer said about avoiding a workers’ compensation claim.
- Keep records: Save medical records, bills, photographs, correspondence, text messages, pay information, and other evidence related to your injury.
- Avoid signing a release: Your employer or an insurer may ask you to sign paperwork accepting money in exchange for giving up the right to file a workers’ comp claim. Do not sign anything until you speak to an attorney.
- Talk to an attorney: A workers’ compensation attorney from Shulman & Hill can evaluate your situation and help determine the best course of action.
Why Should I Not Accept the Cash?
There are several reasons not to accept an informal cash payment instead of filing for workers’ comp. You should decline these types of offers because:
- The payment may not cover future medical treatment: Some injuries get worse over time or require ongoing treatment. A cash offer made immediately after an accident may not account for future doctor visits, medication, physical therapy, surgery, or other future medical expenses.
- You could lose wage replacement benefits: A one-time payment may be substantially less than the wage replacement benefits you could receive while recovering.
- You could have difficulty proving the injury occurred at work: If you agree not to report the accident, there may be little to no official documentation connecting your injury to your employment, which could make it harder to pursue benefits later.
- Your employer may ask you to sign a release: You may be asked to sign paperwork stating that the payment settles your claim. If you sign such a document, it could potentially affect your ability to pursue additional compensation.
The biggest problem with these types of offers is that you may not know the full value of your claim when your employer makes the offer.
A workplace injury that initially appears minor could become much more expensive if you need additional treatment or cannot return to work. Before accepting any cash or signing an agreement, contact the lawyers at Shulman & Hill.
What Happens if I Already Accepted the Cash?
If you already accepted cash from your employer after a workplace injury in New York, you should still report the injury and find out whether you can file a workers’ compensation claim. Accepting a payment does not necessarily mean you have given up your right to file a claim, particularly if you did not sign an agreement releasing that right.
If you suffer an injury requiring medical treatment beyond first aid or causing you to miss at least one day of work, your employer generally must report the injury to its insurance carrier and the New York Workers’ Compensation Board. They cannot simply avoid those reporting requirements by paying your medical expenses directly.
A personal injury lawyer from Shulman & Hill can assess your case and help determine whether you still qualify for workers’ comp.
How Long Do You Have to File a Workers’ Compensation Claim in New York?
In New York, you must notify your employer within 30 days of a work injury and file a formal claim with the Workers’ Compensation Board within two years. For an occupational illness, you typically have two years from the date you knew or should have known that the condition was related to your job.
You should not wait until the two-year deadline approaches to take action. If you delay your claim, your employer may be able to argue that your injury didn’t occur at work. In addition, if you miss either of the deadlines mentioned above, it could jeopardize your right to pursue workers’ compensation benefits.
An attorney from Shulman & Hill can explain how much time you have left to file a claim.
What Workers’ Compensation Benefits Are Available in New York?
A cash payment may cover only a fraction of the benefits available to you through workers’ compensation.
Depending on the specifics of your case, you may qualify for:
- Medical treatment: Workers’ compensation can cover medically necessary treatment for your work-related injury, including doctor visits, surgery, hospital care, diagnostic testing, prescriptions, and medical equipment.
- Lost wage benefits: If your injury prevents you from working for more than seven days, requires you to work fewer hours, or forces you to perform lower-paying work, you may be entitled to weekly compensation equal to a portion of your lost wages.
- Temporary disability benefits: If you cannot work temporarily because of your injury, your benefit is based on your average weekly wage and degree of disability. If you can work but cannot earn your previous wages, you may qualify for partial benefits.
- Permanent disability benefits: If your injury permanently affects your ability to earn wages, you may qualify for permanent partial or permanent total disability benefits.
- Travel and related expenses: Workers’ compensation can also cover certain expenses associated with receiving treatment, including transportation costs and prescribed medical equipment.
What if My Employer Retaliates Against Me for Reporting My Injury?
Under New York law, it is illegal for your employer to fire, demote, or punish you in any way for reporting a work injury or filing a claim.
Retaliation can take many forms, such as termination, demotion, reduced hours, undesirable assignments, threats, harassment, or other adverse treatment. If your employer punishes you after you report your injury, document what happens. Keep records of your schedule, pay, performance reviews, communications, and any statements made by supervisors.
A personal injury attorney from Shulman & Hill can evaluate your case and, if appropriate, help you file a complaint with the New York State Workers’ Compensation Board.
Consult a Workers’ Compensation Lawyer
In most cases, an informal cash offer for an injury benefits your employer more than you. If you receive such an offer from your boss, you should decline it, document the interaction, and reach out to a workers’ compensation attorney from Shulman & Hill to get help with filing a formal claim.
Book a free case review to discuss your situation with an experienced lawyer.
