In the state of New York, any business owner that has at least one employee must have workers’ compensation insurance even if those employees are part-time.
In other words, if you are employed in New York and have a work-related injury, you are entitled to workers’ comp.
The question is, how long do you have to report an injury at work?
Read on to find out more about the workers’ comp statute of limitations in New York.
What to Do If You Have a Work-Related Injury
If you are injured at work, address the injury, itself. If it is an emergency, call 911. If it is not an emergency, inform your employer of the injury and seek out a workers’ comp doctor.
Your employer should notify their insurance of your injury. However, you should still seek assistance from a workers’ comp attorney and file a workers’ comp claim form.
You will need to give this form as well as any medical records tied to the work-related injury to your employer. In turn, they will deliver these documents to the insurance company who will determine how much money you are owed.
Workers’ comp is supposed to cover both your out-of-pocket medical expenses and any income you’ve lost as a result of the injury. Insurance companies often try to argue for the lowest settlement possible which is why having the right doctors and representation is crucial to your case.
Note that it can take anywhere from a few months to a few years for your case to reach a settlement. The earlier you file your claim, the better. But what is the latest that you can file your claim?
How Long Do You Have to Report an Injury at Work?
The statute of limitations on workers’ comp claims varies from state to state. In the state of New York, employees have only 30 days to file a claim for a work-related injury. If you miss the 30-day deadline, the odds of receiving money in a settlement go down substantially.
The rules differ for work-related illnesses because the signs and symptoms of a debilitating illness often take longer to present themselves.
If you develop a work-related illness, you have two years to file your claim. To clarify, this is two years from the point that you develop the disease. This can also be interpreted as two years from the point that you recognized that the disease was work-related.
In either case, you should not hold off on filing your claim simply because you can. The sooner you file the claim, the better your odds are of receiving compensation for all of your out-of-pocket medical bills and lost income.
Seek Medical Help for Your Work-Related Injury
You should always seek medical attention for a serious injury or illness. However, it is in your best interest to find a workers’ comp doctor who has experience with work-related injuries.
How long do you have to report an injury at work? Call (888) 590-4030 if suffered work-related injury. We will connect you with the best workers’ comp doctor based on your location and the nature of your problem in plenty of time.