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.
Read More: How to Overcome Documentation Challenges In Workers’ Compensation Cases
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?
5 Key Steps to Take Immediately
Report Your Injury
The first thing you have to do is report your injury to your supervisor or employer. This is essential because many workers’ comp claims are thrown out when an employee can’t prove the accident happened at work.
Be sure you have additional witnesses of your injury and get your report in writing as soon as you can.
Find a Workers’ Comp Doctor
The type of injury you sustain and the symptoms you’re experiencing will determine what type of doctor you’ll need to see. For example, chronic pain and migraines will need to be seen by a neurologist.
Whichever type of doctor you decide to visit, be sure to get a doctor that specializes in workers’ comp cases. If you are injured in NYS, make sure that your doctor is authorized by the Worker’s Compensation Board to treat injured workers.
They’ll have more experience with your condition and know what type of paperwork they need to provide for you.
File a Worker’ Compensation Claim
In most states, your employer will need to file a claim with their insurance company. However, you will need to make sure the doctor fills out and mails in the proper forms to the Workers’ Compensation Board and that you fill out the forms provided by your employer.
Start Keeping Track of Everything
As you wait for the results of your claim and continue seeing your workers comp doctor, be sure to get copies of everything and keep as much evidence of your injury, medical care, and lost work as you can.
If your claim is approved for a fair amount, all that’s left to do is decide if you want to accept it as a lump sum or a structured settlement.
Contact a Workers’ Comp Attorney
You only have to contact a workers’ compensation attorney if you’re not being offered enough money to cover your medical care and lost work or if your claim is unfairly denied.
This is when you’ll want to pull out all of your paperwork and show it to the attorney. They can determine if you have a case and help you pursue the right legal course of action to help you get what you deserve.
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.