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A complete Employee Claim (Form C-3) provides essential information about the claim. This is especially important in cases where the proper identity of the employer is at issue. This occurs often in construction cases, where the claimant may be employed by a general contractor, a subcontractor, or work in a general-special employment relationship with multiple employers. Many of these cases face delays and may ultimately become the liability of the Uninsured Employer’s Fund (UEF).
New procedure when proper employer and payer are in dispute
To reduce delays in cases where the identity of the proper employer, and therefore proper insurance payer, is not immediately known, the filing of a complete C-3 form when directed by a law judge will now trigger the scheduling of a subsequent hearing. This change in procedure will move these claims forward more expeditiously.
Law judges already direct the filing of a C-3 form at a hearing so the data collected from the form can move a claim forward. However, in 2023, a large percentage (38.6%) of all pre-hearing conferences were placed in “No Further Action (NFA)” status due to the failure to file a complete C-3 form. Therefore, if a law judge directs the filing of a C-3 form, claimants and their legal representatives must ensure that a complete C-3 form is filed with the Board.
Key information on Form C-3
In claims where the proper employer and insurance payer are in dispute, four pieces of information on the C-3 form are particularly important:
- The name of the employer or as much of it that is known (Field B-1)
- The full name of the person who hired the claimant or as much of it that is known (Field B-6)
- The full address where the accident occurred (Field D-3)
- A detailed description of the claimant’s work at the time of injury (Field D-5)
The receipt of a complete C-3 form, including the information specified above, will make the next hearing far more productive and meaningful. If necessary, judges can direct a Compliance investigation to determine the proper employer or take the testimony of the claimant to elicit information to help identify their employer.
Additional filings
The Pre-hearing Conference Statement (Form PH-16.2) must also be completed and include any evidence relevant to the identification of the proper employer (pay stubs, phone numbers, text message, etc.).
If the work-related injury was the result of a motor vehicle accident, Form MV-104 (NYS DMV Report of Motor Vehicle Accident) must be presented to the Board if the case is controverted on the issue of whether the injury occurred in the course of employment. This is required so the named No Fault carrier can be added to the case as a Party of Interest.
Identity of employer and questions of liability
When compensation is withheld solely because a controversy exists on the question of liability as between carriers, the Board may direct that any carrier shall immediately pay compensation, without prejudice, pending further development of the record on the issue of the proper carrier (see WCL Section 25[1][f]). Therefore, it is important that all carriers cooperate to the extent practicable with the Board’s efforts to determine the proper employer in a case.
Questions? Please write to: officeofgeneralcounsel@wcb.ny.gov.
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