queens worker compensation lawyer keetick sanchez

How Long Do You Have to Report an Injury at Work in NY?

Last updated on: May 8, 2024

If you have sustained an injury at work, workers’ compensation has a specific deadline that you must meet to get workers’ compensation benefits. If you have been injured in a workplace accident and fail to meet this deadline, your claim may be in jeopardy. 

Workers’ compensation is a very important benefit for workers who have suffered injuries on the job. Without these insurance benefits, you could face having to pay for the medical costs for your injuries out of pocket. Furthermore, if you are unable to return to work because of your injuries, workers’ compensation has disability benefits that will help you and your family financially while you are unable to work.

The sooner you report your accident and file a claim, the sooner you will start to collect your workers’ compensation benefits. Seeking the help of a workers’ compensation lawyer is crucial as they have the knowledge to navigate the complex legal process on your behalf. At K L Sanchez Law Office, our experienced Queens workers’ compensation attorney may be able to help you recover the compensation you deserve. Call us today at (646) 701-7990 to schedule a consultation.

How Long Do You Have to Report an Injury at Work in NY?

In New York, the timeframe for reporting a work-related injury is governed by strict legal guidelines. If you suffer an injury while on the job, it is crucial to inform your immediate supervisor as soon as possible. New York law mandates that this report must be made within 30 days of the incident. Delaying beyond this period can put your right to claim workers’ compensation benefits at risk.

Following the injury report to your employer, you must then submit a formal workers’ compensation claim. New York’s statute of limitations allows workers up to two years from the injury date to file this claim. This two-year window also applies to instances where a work-related injury results in additional harm or complications, such as developing chronic pain after an initial accident.

For work-related illnesses, which may not be immediately apparent, the deadline extends to two years from the date when you should have recognized the connection between your illness and your employment. This includes repetitive stress injuries or diseases due to exposure to dangerous substances.

Adhering to these timelines is essential for preserving your rights to benefits. If you’re unsure about the process or encounter any difficulties, it is recommended that you consult a knowledgeable Queens workers’ compensation attorney. Contact K L Sanchez Law Office today for assistance in navigating the complexities of New York’s workers’ compensation laws.

If You Have Been Injured on the Job

When you have been involved in an accident on the job, you will want to report it to your immediate supervisor as soon as possible. The law requires you to report your accident within 30 days of the incident. Then you will have up to two years to report any injuries that resulted from the accident. This is called the workers’ compensation statute of limitations.

In New York, the Workers’ Compensation Board defines their statute of limitations as

  • Two years from the date of the injury, or
  • Two years from the date that you should have known about the injury

It’s important to report an injury anytime you are injured on the job, regardless of how minor you may think it is or whether or not you file a claim. You should also seek medical care immediately. You may find down the road that the accident resulted in an injury that wasn’t immediately detectable, and reporting the accident protects your rights to workers’ compensation if an injury becomes apparent. 

What Can You Recover From Workers’ Compensation?

Once you have reported your injuries and filed for benefits, if you qualify for workers’ compensation, you may be able to receive benefits, including

  • Compensation for all your medical care related to your injury.
  • Weekly cash benefits equal to two-thirds your average weekly pay, up to a maximum
  • Any expenses you have incurred getting to and from doctors appointments
  • Rehabilitation benefits if you have become disabled or limited due to your injuries. 

Was a Third-Party Involved in the Accident?

There may be instances when another individual or company outside your employer or place of employment was a factor in your workplace accident. If this is the case, in addition to filing for workers’ compensation, you may also be able to bring a personal injury lawsuit against the third-party involved in the accident. 

In addition, if a defective piece of machinery, tool, or gear was involved in your accident and injury, you may also bring a product liability claim against the company that produced or maintained that equipment. 

Workers’ Compensation 90-day Rule

Medical evidence is critical in substantiating your workers’ compensation claims and ensuring continuous benefits. If you suffer an injury at work, it is crucial to seek immediate medical attention. Make sure to provide an exhaustive, accurate account of the incident. If you’re claiming an occupational disease developed over time due to excessive use, such as carpal tunnel syndrome or hearing loss, your doctor needs to ascertain if your job contributed to these injuries. Following a diagnosis, the workers’ compensation doctor will assess whether your work tasks could have caused the condition.

You’re entitled to choose any medical professional or service provider that accepts workers’ compensation; a referral isn’t necessary. However, in an emergency situation, you can seek treatment from any available provider. Whenever you consult a doctor, it’s crucial that the doctor’s office is informed that the treatment is for a work-related injury. It is important to submit your treatment bills to the workers’ compensation insurance carrier instead of your private insurance. Workers’ compensation fully covers medical treatment, including medications, hence if a provider requests a co-payment, consider it a warning sign.

While you are on temporary leave from work and receiving benefits, it is crucial to consult with a doctor at least once every 90 days. This is commonly known as the “90-day rule” or the “workers’ compensation 90-day rule.” In order to retain your lost wage benefits, it is necessary for your doctor to assess the extent of your disability. Failure to see a doctor within a 90-day period could result in your workers’ compensation carrier moving to suspend these benefits.

If you have been injured at work, it’s crucial to understand how the workers’ compensation 90-day rule applies in your case. Consulting a Queens workers’ compensation lawyer can provide you with the necessary guidance and ensure you meet the deadlines for reporting your injury, protecting your rights, and pursuing your claim effectively. Schedule a consultation with K L Sanchez Law Office today.

Call a NY Workers’ Compensation Lawyer

If you have sustained an on-the-job injury in New York City, you should contact a NY worker’s compensation attorney to understand your rights and all possible sources of compensation for your injuries. At K L Sanchez Law Office, Keetick Sanchez and her team of experienced NY workers’ compensation lawyers have diligently represented workers who have sustained on-the-job injuries to ensure their legal rights are protected. Call us at (646) 701-7990 or contact us through our website to schedule a free consultation to discuss your case.

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

Call Now Button