How Long Do I Have to File a Workers' Comp Claim in New York?

If you were recently injured in a work-related accident, it is imperative that you keep a few things in mind.

First, you must understand that you would only have a short window of time in which to report the injuries to your employer. Should you fail to inform a supervisor in writing within 30 days of the accident, you would be barred from collecting workers' compensation benefits in New York. For this reason, it is highly recommended that you take this step as soon as possible.

Next, you would need to undergo a medical examination within 2 days of the accident. The doctor would be required to fill out a form related to the claims process and mail it to the New York State Workers' Compensation Board. After this, your employer would have 10 days to report the injury to the Board and their workers' compensation carrier.

Finally, you would have 2 years from the date of the accident—or 2 years from the date in which you discovered or should have discovered the injury—to fill out a claim form and mail it to a Board district office. Within 18 days of receiving notice from your employer, the insurance carrier should initiate your benefits payments. If your claim was initially denied by your employer or the insurance company, however, is it important to understand that you would have the option to file an appeal.

With the help of a Long Island personal injury lawyer from The Odierno Law Firm, P.C., you can plead your case to a workers' compensation judge. Since these benefits would reimburse you for any medical expenses that were incurred and a percentage of your lost earnings, you should not hesitate to fight for the level of compensation that you deserve.

Work with Our Experienced Firm

With more than three decades of experience, the knowledgeable legal team at our firm is well-qualified to assist you in filing a workers' compensation claim. Additionally, you can rest assured that we will fight aggressively on your behalf if your claim has already been denied. All you have to do is pick up the phone and give us a call to find out if we can help. When you contact our firm at (877) 379-5144, your initial consultation won't cost you a thing. If you would prefer to reach us online, however, you can also submit a complimentary case evaluation form directly from our website. Either way you choose to get in touch, we welcome the opportunity to review your case and answer any questions that you may have about the workers' compensation process in New York.

For further information about filing a workers' compensation claim, visit our related page by clicking here.