Workers’ compensation benefits provide a vital safety net for New York residents who require medical care and miss work due to job-related injury or illness. However, you must protect your right to benefits by meeting two crucial deadlines: the deadline for notifying your employer and the deadline for filing your claim.
Deadline for Notifying Your Employer
To be eligible for workers’ compensation benefits, you must notify your employer in writing of your injury within 30 days of the date you became injured. It is a good idea to keep a copy of this notification for your own records.
Deadline for Filing a Workers’ Compensation Claim
Under New York law, you must file your workers’ compensation claim within two years of the day you became injured. If you are seeking compensation for a repetitive stress injury or occupational disease that developed over time, you have two years from the date you knew or should have reasonably known that your condition was related to your employment.
After your employer has notified its workers’ compensation insurance carrier and you’ve formally filed your claim with the New York State Workers’ Compensation Board, the insurance company must provide you with a written statement describing your legal rights. The deadline for receiving this statement is within 14 days of receiving notice from your employer or when you receive your first benefit check—whichever is earlier.
Acting Quick Is Always in Your Best Interest
Although you have 30 days to notify your employer and two years to file a claim, it’s best to get the process started as soon as possible. It takes time to gather medical evidence to support a claim. Acting quickly also prevents you from being stuck with all of the bills for the treatment you’ve received.
The Value of Legal Representation
You are not required to have an attorney to file for workers’ compensation benefits, but legal representation is strongly recommended if you have suffered a serious injury that will result in permanent disability and extensive time off from work. If needed, a workers' compensation attorney can also help when your employer is fighting your claim or there is a disagreement about the seriousness of your condition. Contact O’Connor Law today for a free, no-obligation initial consultation.