Disclaimer: This article provides general information and does not constitute legal advice. Consult an attorney for advice tailored to your situation.
Detailed Answer
When you file a lost wage claim under New York law, you must name your employer correctly. Filing under an incorrect name can delay your claim or result in dismissal. Many employers operate under a “doing business as” (d/b/a) name that differs from their legal corporate name. You can address discrepancies by following these steps:
1. Identify the Employer’s Legal Name
Review official documents such as your paycheck stub, your employer’s Workers’ Compensation Notice to Injured Workers, or your employment agreement. Those materials often list the entity’s legal name. If you still need to confirm, search the New York Department of State’s Corporation & Business Entity Database (NYDOS Database).
2. Check New York Statutes and Regulations
New York General Business Law § 130 requires businesses to file fictitious names (d/b/a). Search GBL § 130 to understand registration requirements. Confirm that the d/b/a you have matches the registered name on file.
3. Include Both Names in Your Claim
If you cannot determine which name to use, list both the d/b/a and the legal name on your claim form. For a Workers’ Compensation lost wage claim, complete Form C-3 (WCB C-3) and add a note: “Employer legally known as [Legal Name], d/b/a [Trade Name].” This informs the Board of both identities.
4. Attach Supporting Documentation
Attach a copy of the DOS database printout or a letter from the employer confirming the legal name and d/b/a. You can also include your pay stub or employment contract. These documents prove the connection between the two names.
5. File and Serve Correctly
Once you complete the form, serve it on the employer both by mail and by in-person delivery. The Board requires proof of service. Follow 12 NYCRR § 300.5 for service rules (12 NYCRR § 300.5).
Helpful Hints
- Verify the legal name on the New York DOS website early in the process.
- Keep copies of all documents you file and serve.
- Record service dates and methods to avoid disputes.
- Consult an attorney if the employer disputes the name or the claim.
- File promptly—Workers’ Compensation lost wage claims have strict deadlines.