Time Limit for Filing a Workers' Comp Claim in NY

Posted By Katz Leidman Grossman Wolfe & Freund || 13-Mar-2017

When people are injured in workplace accidents, they must file a workers’ compensation claim within a specified period of time. If they fail to file a claim within this period, they will likely lose their ability to collect valuable workers’ compensation benefits.

What is the time limit for filing a workers’ comp claim? According to the New York State Workers’ Compensation Board, in order for injured workers to receive workers’ compensation benefits, they must notify their employer about the accident as soon as possible after it occurs.

Injured at work? Here is what you must do:

  • Notify your supervisor or manager in writing within 30 days from the date of the accident.
  • If you are suffering from an occupational disease, you must provide your employer notice: within two years of becoming disabled, or within two years of learning the disease was work-related, or within two years that you should have known it was work-related, whichever is later.

As an injured or sickened worker, it’s very important that you adhere to these strict timeframes for filing a workers’ compensation claim. If you do not file a claim within the above notification deadlines, you could lose your right to much-needed benefits.

What to do After an Accident

If you are injured on the job, make sure you receive first aid or any other medical treatment needed as soon as possible. Please be aware that your treating healthcare professional must be approved by the Workers’ Compensation Board, unless you have an emergency situation.

If your case isn’t disputed, the costs of your medical care will be paid for by your employer’s workers’ compensation insurance provider, or by your employer. Your healthcare providers may ask you to sign form A-9, which informs you that you may be financially responsible for your medical bills if the Workers’ Compensation Board denies your claim, or if you fail to pursue your workers’ comp claim.

As soon as possible, preferably after you’ve received any urgent medical attention, you should contact a New York workers’ compensation attorney to discuss filing a claim promptly.

At Katz Leidman Grossman Wolfe & Freund, we offer free case evaluations to all prospective clients – call today to see how we can help you!