If you’ve sustained an injury at work in New York, understanding the timeline for reporting the injury is critical to securing your workers’ compensation benefits. Workers’ compensation provides essential financial support, covering medical expenses and lost wages if you are unable to work due to your injuries. However, there is a specific deadline for reporting workplace injuries that must be adhered to, and missing this deadline could jeopardize your ability to file a claim. It’s important to act quickly to protect your rights and ensure that your benefits are processed without delay.
Handling workers’ compensation claims can be challenging, especially when recovering from an injury. This is where the knowledge of a workers’ compensation lawyer becomes invaluable. At K L Sanchez Law Office, P.C., our seasoned Queens workers’ compensation attorneys are ready to guide you through the legal process and work toward securing the compensation you deserve. To discuss your case and learn more about how we can assist you, call us 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.
Exceptions to the 30-Day Injury Reporting Rule
The standard procedure for reporting workplace injuries generally mandates that employees notify their employer within a 30-day period. However, there are notable exceptions to this rule that both employers and employees should be aware of to ensure compliance and proper handling of worker’s compensation claims.
One key exception occurs when an injured worker is incapacitated and physically unable to meet the 30-day deadline. In such cases, the time frame for reporting may be extended to accommodate their recovery and eventual ability to report the injury. This extension is intended to provide fairness for workers who, due to severe injuries, are unable to report promptly.
Another scenario that affects the typical reporting obligation arises when the employer already has knowledge of the injury. This can happen if the employer directly witnessed the incident or learned about the injury through other immediate means. In such instances, the formal requirement for the injured party to notify their employer may be considered fulfilled, eliminating the need for further official reporting by the employee.
Both workers and employers are encouraged to seek legal advice when unsure about the applicability of these exceptions to ensure that they handle injury reports correctly and adhere to the legal standards governing workplace injuries.
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 |
