If you’ve been injured at work in New York, you have 30 days to report the injury to your employer and two years to file a workers’ compensation claim with the Workers’ Compensation Board (WCB).
Missing the 30-day reporting deadline can jeopardize your benefits, though exceptions exist for workers who are incapacitated or when the employer already knows about the injury. Beyond these deadlines, you must also follow the 90-day rule by seeing a doctor every 90 days while receiving benefits, and you may have options to sue third parties if someone other than your employer caused your injury.
Queens workers’ compensation attorney Keetick L. Sanchez has helped injured workers throughout Jackson Heights, Queens, and New York navigate the reporting process and secure their benefits. At K L Sanchez Law Office, personal injury lawyers in New York handle every step of your claim, from initial injury reports to hearings at the Queens District Office.
This guide explains New York’s reporting deadlines for workplace injuries, what exceptions apply, what happens if you miss these deadlines, the 90-day medical visit rule, what benefits you can recover, and when you can file a lawsuit against a third party.
How Long Do You Have to Report a Workplace Injury in New York?
Under New York Workers’ Compensation Law § 18, you must report your workplace injury to your supervisor or employer within 30 days of the accident. This verbal or written notice starts the workers’ compensation process and protects your right to benefits. After notifying your employer, you then have two years from the date of injury under WCL § 28 to file a formal workers’ compensation claim with the Workers’ Compensation Board (WCB).
For occupational diseases, the two-year filing deadline starts from the date of disability, or when you knew or should have known the condition was work-related, whichever is later. This includes repetitive stress injuries like carpal tunnel syndrome or illnesses caused by long-term exposure to hazardous substances. The connection between your job duties and your medical condition must become apparent before the clock starts.
Report every workplace injury immediately, even if it seems minor. Injuries that appear minor at first can worsen over time. Reporting the accident when it happens protects your rights if complications develop later, because the two-year filing deadline runs from the original injury date, not from when complications appear.
Workers injured at airport cargo facilities, in Long Island City construction sites, or at the numerous warehouses throughout Queens should report injuries to their immediate supervisors right away. Many injured workers in Jackson Heights, including restaurant staff, construction workers, and retail employees, delay reporting because they fear retaliation or believe their injuries will heal quickly.
Key Takeaway: New York law requires workplace injury reports within 30 days to your employer and formal workers’ compensation claims within two years to the WCB. The two-year deadline for occupational diseases begins when you realize your condition is work-related, not when symptoms first appear.
What Are the Exceptions to the 30-Day Reporting Deadline?
New York law generally requires injured workers to notify their employer of a workplace injury within 30 days. However, the Workers’ Compensation Board (WCB) has discretion to excuse late notice in several situations.
The WCB may excuse a failure to give timely notice when:
- There was a sufficient reason notice could not have been given, such as when the worker was physically or mentally incapacitated due to the injury and unable to report it.
- The employer or its supervisory agents had actual knowledge of the accident, including situations where a supervisor witnessed the incident, arranged medical care, or documented the injury internally.
- The employer was not prejudiced by the delay, meaning the late notice did not interfere with the employer’s ability to investigate the accident or defend against the claim.
Even when notice is late, the employer and insurance carrier may be deemed to have waived the notice defense if they do not object at the first hearing where all parties are present, and the injured worker (or beneficiary) testifies.
These exceptions exist to prevent injured workers from losing benefits due to technicalities when employers were aware of the injury or were not harmed by the delay. Still, reporting an injury as soon as possible is always the safest approach. Delayed notice can complicate a claim and give employers or insurers grounds to dispute it.
What Happens If You Miss the Reporting Deadline?
Missing the 30-day reporting deadline can result in the denial of your workers’ compensation claim. The WCB may determine that you forfeited your right to benefits by failing to provide timely notice. Employers and insurance carriers frequently use late reporting as grounds to dispute claims, arguing that the delay prevented proper investigation of the accident.
If you miss the deadline, you must prove that an exception applies or that the delay did not prejudice your employer’s ability to investigate the claim. This requires evidence showing that, despite late reporting, your employer could still verify the accident circumstances and your injuries. The burden of proof falls on you to demonstrate why the exception should excuse the delay.
Late reporting also affects your credibility. Insurance carriers question whether an injury is work-related when significant time passes between the accident and the first report. They argue that injuries reported weeks or months later could have occurred outside of work.
Workers who seek treatment at Jamaica Hospital Medical Center on Van Wyck Expressway or Elmhurst Hospital Center on Broadway for workplace injuries should inform the hospital that the injury is work-related. This creates documentation that supports your workers’ compensation claim, even if you have not yet formally reported to your employer.
Key Takeaway: Missing the 30-day deadline typically results in claim denial unless you prove an exception applied or that the delay did not prevent proper investigation. Late reporting damages your credibility and gives insurance carriers grounds to dispute whether your injury is work-related.
Workers’ Compensation Attorney in Queens – K L Sanchez Law Office, P. C.
Keetick L. Sanchez, Esq.
Keetick L. Sanchez is a Queens workers’ compensation attorney who has dedicated her practice to helping injured workers secure the benefits they deserve. With years of experience navigating New York’s workers’ compensation system, she understands the challenges workers face when dealing with insurance carriers and employers after workplace injuries. Her practice focuses on workers’ compensation claims, third-party lawsuits, and Labor Law cases for construction workers.
Attorney Sanchez provides personalized representation to workers throughout Queens, including those in Jackson Heights, Jamaica, Long Island City, and surrounding areas. She handles every aspect of workers’ compensation claims, from initial injury reports through hearings before the Workers’ Compensation Board. Clients value her clear communication, thorough case preparation, and commitment to securing maximum benefits for injured workers.
What Is the 90-Day Rule for Workers’ Compensation in New York?
The 90-day rule requires you to see a doctor at least once every 90 days while you receive temporary disability benefits. Your doctor must evaluate your condition and certify that you remain unable to work. If you go more than 90 days without a medical examination, the workers’ compensation insurance carrier can suspend your wage replacement benefits.
This rule ensures that your disability status remains current and medically documented. Workers’ compensation pays benefits only while you are actually disabled from working. Regular medical evaluations confirm that your work-related injury still prevents you from performing your job duties.
Your treating physician completes reports documenting your disability level and work restrictions. These reports go to the insurance carrier and the WCB. Without updated medical documentation every 90 days, the carrier has grounds to argue that your disability status is unknown and benefits should stop.
You must see a Board-authorized medical provider, unless the insurance company requires you to use a network for initial treatment.
Key Takeaway: You must see a doctor every 90 days while receiving workers’ compensation disability benefits. Missing this deadline allows the insurance carrier to suspend your wage replacement payments until you provide updated medical documentation of your continued disability.
What Can You Recover Through Workers’ Compensation in New York?
Workers’ compensation provides four categories of benefits for work-related injuries. Medical benefits cover all reasonable and necessary treatment, including doctor visits, hospital care, surgery, physical therapy, prescription medications, and medical equipment. You pay nothing out of pocket for approved medical care related to your workplace injury.
Wage replacement benefits are generally calculated as two-thirds of your average weekly wage, multiplied by your percentage of disability. These payments continue while you remain temporarily unable to work due to your injury.
Travel expense reimbursement covers mileage and public transportation costs for medical appointments. Keep records of all travel to doctors, physical therapy, and other treatment providers. You may be reimbursed for travel expenses to medical appointments. Submit receipts and travel logs using Form C-257.
Vocational rehabilitation benefits help workers who cannot return to their previous jobs because of permanent injuries. These benefits include job training, resume assistance, and job placement services. Workers with permanent disabilities may also receive schedule loss of use awards for specific body parts or permanent partial disability benefits for overall impairment.
The Queens District Office of the Workers’ Compensation Board at 168-46 91st Avenue in Jamaica handles claims for injured workers throughout Queens, including those hurt at major employment centers like JFK Airport. Workers’ compensation forms include the C-2F (Employer’s Report of Work-Related Injury/Illness) andC-3 (Employee Claim).
Key Takeaway: New York workers’ compensation covers all medical treatment at no cost to you, provides two-thirds of your average weekly wages while disabled, reimburses travel expenses for medical care, and offers vocational rehabilitation for workers who cannot return to their previous jobs.
| Details | Consequences | |
|---|---|---|
| Reporting Accident | Report to immediate supervisor within 30 days of the incident | Failure to report within the specified timeframe may jeopardize your claim for workers’ compensation benefits |
| Statute of Limitations | Report any injuries resulting from the accident within two years | Failure to report within the statute of limitations may result in the loss of your right to claim workers’ compensation |
| Immediate Medical Care | Seek medical care immediately after the workplace accident | Delaying medical care may result in complications and hinder the ability to link the injury to the workplace accident |
Get Help from a Queens Workers’ Compensation Attorney
Workplace injuries affect your income, your health, and your family’s financial security. You deserve every benefit the law provides. Meeting reporting deadlines and navigating the workers’ compensation system requires attention to detail and knowledge of the process.
Queens workers’ compensation attorney Keetick L. Sanchez has helped injured workers throughout Jackson Heights and across Queens secure their benefits and pursue third-party claims when applicable. Our workers’ compensation lawyers handle claims from initial injury reports through hearings at the Queens District Office at 168-46 91st Avenue in Jamaica.
Call K L Sanchez Law Office today at (646) 701-7990 for a free consultation. We will review your case, explain your options, and handle every step of your claim. You pay nothing unless we win.
