Workers’ compensation is a crucial safeguard that ensures employees receive benefits and medical coverage in the event of a work-related injury or illness. If you find yourself injured on the job in the state of New York, it is important to understand the time limitations within which you must file a workers’ compensation claim. At EMD Law, we understand the complexities of individual claims, and the necessity of understanding the process and the statute of limitations for filing a workers’ compensation claim in New York.
Statute of Limitations Explained
The statute of limitations refers to the timeframe within which an individual is legally permitted to file a claim for compensation after an injury or illness has occurred. In New York, the Workers’ Compensation Law establishes specific guidelines regarding the time limits for filing a workers’ compensation claim.
In the state of New York, the general statute of limitations for filing a workers’ compensation claim is two years. This means that from the date of the work-related injury or the date you became aware of your work-related illness, you have two years to file a claim. It is crucial to note that the clock starts ticking on the date of the incident or when you became aware of the illness, not necessarily when you stopped working or received a diagnosis. It’s also important to note that while you may have two years to file a claim, you must report your injury within 30 days of the incident. This 30 day notice is to be in writing, unless although that can be waived if there is no prejudice to the employer.
Exceptions to the General Rule
While the general rule dictates a two-year limitation, there are some exceptions that may extend or alter this timeframe. It is important to consult with a knowledgeable workers’ compensation attorney to understand the specific circumstances of your case fully. Here are a few exceptions to be aware of:
Occupational Diseases
If you are suffering from an occupational disease, the two-year statute of limitations starts from the date you knew or should have known that your condition was work-related.
Repetitive Stress Injuries
For repetitive stress injuries, such as carpal tunnel syndrome, the two-year statute of limitations begins on the date you knew or should have known that your injury was related to your job.
Filing a workers’ compensation claim within the designated time limits is crucial to protecting your rights and ensuring you receive the benefits and medical coverage you are entitled to after a work-related injury or illness. In the state of New York, the general statute of limitations for filing a workers’ compensation claim is two years. However, there are exceptions to this rule based on the nature of the injury or illness, employer actions, and more. It is always advisable to consult with a workers’ compensation attorney to navigate the complexities of the claims process and ensure your rights are safeguarded within the specified timeframes. Our Workers’ Compensation cases are taken on a contingency fee basis. This means that if we accept your case, you will pay no fees unless we recover benefits for you! Request your free consultation today.
