Hello again and thank you for the your reply. Here employer must
allow her to file an accident report and must open a workers compensation
claim, that is the law. That too is the only way that she can receive coverage and compensation for her injury. In other words, the law is the exclusive remedy for employees. It is a complicated explanation but the law in all states is that when an employee is injured on the job, regardless of fault, the employer must have WC insurance and must open and process a claim under that insurance and the employee cannot sue the employer in tort.
So, she will need to insist that he contact the WC insurance provider and open a claim. If he refuses, then she can contact the State WC Board. She can find out all the information she needs to file a claim with the State and what her rights are by going to: http://www.wcb.ny.gov/content/main/Workers/Workers.jsp
She will want to put in writing the facts of the accident and when they occurred and what her injuries were and give that to the employer and also that will be part of the claim form that she can get from the State website I provided to you.
The Site also contains information on what her benefits will be. In general, the WC insurance must pay for all of her related medical care and if she misses work a percentage of her daily wages
. Then once she is considered to be healed as much as she is going to be, they will offer a settlement amount to close the claim. It isn't a lot of money, but that is the system.
Her employer cannot lawfully take an adverse employment action against her for filing a WC claim. If they do, she would have a cause of action against them. For example, if she was terminated for filing the claim, she would have a wrongful termination
Please let me know if you need any clarification. I would be glad to assist you further if I can.