What is the Workers’ Comp Statute of Limitations in New York?
Workers’ compensation is a no-fault system that providers employees with wage replacement benefits and medical care. Workers do not contribute to this coverage as it is fully paid for by employers. Under New York State employment law, employers are required to carry Workers’ Compensation insurance in the event employees suffer occupational illnesses or sustain injuries due to work-related accidents.
NYS labor law requires injured workers to meet specific criteria to gain access to benefits, and a claim must be filed before the statute of limitations expires. If you or a loved one have suffered a work-related illness or injury and are seeking workers’ compensation benefits, you probably have a lot of questions. To ensure you can receive the maximum amount of benefits and receive guidance regarding the type of injury claim to file, you should immediately consult with one of our experienced workers’ compensation attorneys. Contact the Long Island personal injury firm of Terry Katz & Associates today at 888-488-7459 for a free consultation.
Is There a Time Limit to File a Workers’ Compensation Claim?
There are two critical deadlines in New York State when filing a workers’ compensation claim, which involves notifying the employer and filing the application to claim benefits.
First, be sure to immediately go for treatment, and then notify your supervisor of your illness or injury. Under New York State Workers’ Compensation law, employees have 30 days to notify their employer in writing of a work-related illness or injury. Still, we recommend workers notify their supervisor as soon as possible. Once your employer has been notified, you have a specific deadline from the date of your injury to file a workers’ compensation claim. In New York State, there are strict workers’ compensation statute of limitations to file a workers’ compensation claim.
According to the guidelines you have:
- Two years from the date of the workplace accident that resulted in your injury or
- Two years from the time you knew or should have known the occupational disease stemmed from the nature of your job.
While you have two years to file a claim, it is essential to start the process as soon as possible with one of our attorneys at the firm from the injury date to maximize the amount of time you have before the statute of limitations expires. Any missing fields, pages, documentation, or other details can delay the process, and you don’t want to jeopardize your ability to receive approval. Filing is a complicated process, and Terry Katz & Associates will ensure a timely claim will be made that is more likely to be approved the first time without delay.
Am I Eligible For Workers’ Comp Work in New York?
Workers’ compensation coverage is required by all for-profit and most not-for-profit employers in New York State. The filing process is the same for everyone and it does not matter if a worker is documented or undocumented. All workers under New York State labor law are entitled to collect workers’ compensation as long as all the standardized requirements are met. Residency is also not a factor. Our skilled NY workers’ compensation attorney can help you navigate the complex workers’ comp process and answer any questions about your eligibility for workers’ comp.
There are a few exceptions for eligibility to file compensation for a workplace injury in New York. NYPD officers, DSNY, FDNY, and most other public employees must follow procedures as outlined under New York State General Municipal Law. Another situation would be if a third party that was not your employer were to blame for your occupational disease or work-related injury. In the case of the latter, you might need to file a personal injury lawsuit.
The injury lawyers at the Terry Katz & Associates Law Firm can assist you with this process as they are very well-versed in state, municipal, workers’ compensation, and personal injury laws.
How is a Workers’ Compensation Settlement Determined?
Workers’ comp insurance is designed to cover all medical bills related to your injury, including travel expenses to and from medical appointments. Cash benefits are calculated on a percentage of your wages up to a maximum set amount. This amount is determined by the amount of salary an injured worker loses when they can’t go to work to earn their regular wages.
The length of time a claimant can stay out on workers’ compensation will range from 225 to 525 weeks. The number of weeks and amount of cash benefits you can collect from workers’ comp will vary because individual circumstances are taken into consideration. A knowledgeable workers’ comp attorney can help you approximate the settlement you can receive for your type of injury and subsequently help you file your claim.
What if My Workers’ Comp Claim is Denied?
Statistically speaking, about one-fourth of employers will initially deny a workers’ compensation claim in the attempt to avoid paying for an injury or illness a worker sustained while on the job. This doesn’t mean the claimant will not receive benefits, but the employer might attempt to delay the workers’ comp claim in the hopes the injured employee will give up. It’s important to understand all NYS workers have the right to appeal a denied claim.
If you believe your employer wrongfully denied your claim, you have the right to appeal and have a hearing scheduled. This is a complex process, but it can get you the benefits you need to cover the cost of your injuries and lost wages. An experienced workers’ compensation lawyer at our firm can help navigate you through the appeals process to get you access to the benefits you are entitled to receive. You can be sure employers will have lawyers and insurance companies working hard for them and you deserve equal legal representation.
Call Us For a Free Workers’ Comp Consultation Before Your Time Runs Out
Suffering a work-related injury or occupational disease can cause you great stress or difficulties. As an injured worker, you deserve to be rightfully compensated for your injuries as outlined under NYS employment laws. While workers’ compensation will cover your medical treatment and lost wages, just one missed step in the application process could delay approval of benefits or have an impact on the amount of compensation you receive. Some employers also try to make it difficult for employees to receive these benefits and will further complicate an already complex process. Time is of the essence.
Our firm’s well-versed NYS labor law attorney will ensure your rights are protected and work hard to ensure the workers’ compensation application process goes smoothly. Terry Katz & Associates Law firm fully understands the difficulties workers and their families face when pursuing workers’ compensation benefits or death benefits. We’ll help you recover the benefits you are entitled to receive. For more than 30 years, our knowledgeable and compassionate personal injury attorneys have helped more than 25,000 workers who have been injured on the job recover the maximum amount of benefits and compensation. We’ll be at your side every step of the way. Call our office today at 888-488-7459 to receive a free case review or legal advice about your claim.