If you’ve suffered a workplace injury, it’s vital to understand certain deadlines must be met to file a workers’ compensation claim. At Nappa, Monterosso & Poznansky, LLP, our workplace injury lawyers advise clients in the greater NYC area to take action as soon as possible after an accident. Here, we explain why timeliness is important when filing a claim for benefits.
How Long Do I Have to Report a Workplace Injury in New York?
Like many other states, New York has specific requirements and deadlines for workplace injury reporting. Although it’s always best to disclose a workplace injury right away, typically you have 30 days from the date of injury or the date you became aware that an injury was work-related to report it to your employer in writing.
In some cases, a worker may not immediately realize the extent of their injury or its connection to their work. When this occurs, the deadline for reporting the injury may be extended. For example, many occupational lung diseases develop over time, and symptoms may not appear for decades. Filling a workers’ compensation claim for occupational hearing loss can also be complicated. A worker must be away from the environment that caused hearing loss for 90 days before filing a claim. A work injury attorney can help you understand your options and assist you with filing all required documentation, so you don’t miss any deadlines.
Identifying and reporting the workplace hazards that led to your injury gives your employer an opportunity to address and remedy the hazardous condition. This can prevent additional incidents and promote a safer work environment.
Timely reporting also helps ensure you get the medical care you need. Prompt diagnosis and treatment of injuries can keep them from worsening and can result in a faster recovery.
How Long Do I Have to File a Workers’ Compensation Claim in New York?
Generally, the statute of limitations for filing a workers’ compensation claim in New York is two years. This could be two years from the date of the injury or two years after a worker knew or should have known that the injury or illness was work-related. Even if you suffered a work injury more than two years ago, it’s worth talking to a workers’ compensation lawyer to find out if any exceptions apply. Depending on the circumstances, you may still be able to file a successful claim.
Employer Responsibilities
Employers also have deadlines they must follow when an employee is injured or suffers from an occupational disease. They must report any work-related injury or illness to their workers’ compensation insurance carrier within 10 days of learning about it. Employers and insurance carriers must submit medical reports documenting the workplace injury to the New York Workers’ Compensation Board within 10 days of the first treatment or consultation, and then every 45 days thereafter.
An employer is also required to file a Form C-2F, Employer’s Report of Work-Related Injury/Illness, with the Workers’ Compensation Board within 10 days of the employee’s lost time exceeding one week or within 30 days of the employer’s knowledge of the injury, whichever is later. If there is a dispute about eligibility for benefits, the employer or insurance carrier must provide a written explanation for the delay or denial within 18 days of receiving notice of the claim.
Deadlines for Appealing a Work Injury Claim in New York
If you disagree with a decision, such as a denial of benefits or a dispute over the amount of benefits, you can request a hearing before a workers’ compensation law judge. The request for a hearing typically must be made within two years from the date of the workplace injury, or within two years after you knew or should have known that the injury or illness was related to your employment.
If you’re dissatisfied with the judge’s decision, you can file an appeal for an administrative review, which must be filed within 30 days of the filing date of the judge’s decision. Having a workers’ compensation lawyer assist you in hearings and with your appeal can increase the likelihood of obtaining the full amount of benefits you may be entitled to receive.
How a Workplace Injury Lawyer Can Help
Failing to report your injury in a timely manner can result in your workers’ compensation benefits being denied or delayed and leave you in a precarious financial situation. A workplace injury attorney at Nappa, Monterosso & Poznansky, LLP, can take a look at your case and let you know the best path forward.
We provide the compassionate legal support you need, ensure all important deadlines are met, and help you gather relevant documentation of your injury. We’re dedicated to giving you the best possible chance of a successful workers’ compensation claim or appeal.
Find a Workplace Injury Lawyer in the Greater NYC Area
As native Staten Islanders, the workplace injury lawyers at Nappa, Monterosso, & Poznansky, LLP, care about the well-being of injured workers in our communities. Attorney and partner Rolando Cubela provides legal representation to our Spanish-speaking clients. If you need assistance with a work injury claim in the greater New York City area, call us at 718-273-9000 or contact us to schedule a consultation.
