How Long Do You Have to File a Workers' Comp Claim?

If you were injured in an accident while you were at work or got sick from long-term exposure to dangerous substances on the job, you may be eligible to get Workers' Compensation benefits. If you are eligible, you will get cash every week, payment for medical treatment for your injury or illness, and help, if you need it, in finding new work. Almost everyone who works for an employer in New York state, including undocumented workers, may be eligible for Workers' Comp benefits.

However, you must follow the required steps to qualify for Workers' Compensation benefits, and you have to do these steps within the required time period. The "statute of limitations" is the legal term for deadlines that you must meet. There are several of them. It's important that you take all the required steps in time. If you miss the deadlines, you can forever lose your chance to get the benefits that you need and deserve. To make sure that you get all the benefits you are entitled to, contact the law firm of Terry Katz & Associates at 888-488-7459 for a free consultation with an experienced Workers' Compensation lawyer.

What to Do If You Are Injured at Work

What to Do If You Are Injured at Work:

  1. The first thing you should do if you are injured in an accident at work is to get medical treatment right away.
  2. Then, New York state law requires that you notify your employer within 30 days of your accident about your injury and describe how it occurred. We recommend that you don't wait for 30 days, but do it as soon as possible. You must put the notice in writing. If you don't give written notice within the required timeframe, you could lose your chance of getting benefits.
  3. Next, the law says you must file a Workers' Compensation claim within two years of the date of the injury. However, there is one exception. If you are filing because of an occupational disease, instead of an injury from an accident, then the time limit for filing is up to two years from the time you became disabled from the disease and knew or should have known, that your disease was related to your job. The sooner you file your claim, the sooner you may start receiving benefits.

What if a Third Party Is Involved in My Work-Related Injury?

Sometimes, a person or a company other than your employer played a role in your accident. On Long Island, in New York City, or anywhere in New York state, you may have the right to file a lawsuit against another person or company in addition to filing a Workers’ Comp claim with your employer.  The person or company is called a "third party."

There are several situations where you may be able to bring a personal injury lawsuit. One situation is if there were people who were involved in your accident who were not employed by the company you work for. If their carelessness contributed to the accident happening, you may be able to sue them. Another example is if you were working for a subcontractor. In that case, you may be able to sue the company that owns the building you worked in if it was not your direct employer. These are all complicated situations, and you should talk to an experienced personal injury attorney at Terry Katz & Associates to find out more.

Another situation where you may be able to file a lawsuit is if you were hurt because you were using machinery, protective gear, chemicals, or other items that were dangerous because they were defective. If that happened, you may be able to sue the manufacturer for what is called "product liability."

It's worth finding out if you are entitled to file a lawsuit. There are several benefits to doing so. For example, in a lawsuit, you may be able to get compensation for your pain and suffering, which is something that Workers' Comp won't pay for. 

Workers' Compensation Benefits I Can Recover

If You Qualify for Workers' Compensation, You Can Receive These Benefits:

  • Cash payments every week are equal to two-thirds of your average weekly pay, up to a certain maximum amount.
  • Compensation for all health care that is related to your injury, so that you don't have to worry about how to pay medical bills.
  • Expenses for traveling to health care appointments.
  • Vocational rehabilitation benefits. If you are disabled or have limitations because of your workplace injury and need to find a new job that is a good fit for your experience, education, and condition, there are resources available to help, including counseling and scholarships for more education. 

Who Can Get Workers' Comp Benefits in New York?

Most New York employers are required to carry Workers' Compensation insurance. In Long Island, New York City, or anywhere in New York state, you are eligible for Workers' Compensation benefits if you are an injured employee who was hurt on the job, and you.

  • Work for a for-profit employer in New York state.
  • Work for a not-for-profit employer in New York state, with a few exceptions, such as police, firefighters, and sanitation workers in NYC.

You do not have to live in New York to get NY Workers' Compensation, as long as you work within the state. In New York, undocumented workers are eligible to get Workers' Compensation as well.

Need Help Determining If You Have an Eligible New York Workers' Comp Claim?

If you or a loved one were injured in a work-related accident or are suffering from an occupational disease, we would be glad to talk to you. We will provide a free no-obligation evaluation of your situation and let you know if you are eligible to receive Workers' Compensation benefits.

The Workers' Compensation system is complicated and difficult to understand. It's good to have someone by your side who cares about you, who knows the system inside-out, and who can guide you through the claims process and make sure you get everything that the law allows. At Terry Katz & Associates, we are passionate about helping injured workers get what they deserve. Our clients are never just case numbers to us. We treat all our clients like they are members of the family. 

Please call Terry Katz & Associates at our Long Island office at 888-488-7459 to meet with a Workers' Compensation attorney. The sooner you get started, the better!

Terry Katz, Esq.
Terry Katz, Esq., the founding Member of the firm, handles all aspects of Workers’ Compensation and Social Security Disability cases.

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