In the immediate aftermath of a work-related injury or illness, including a brain injury or occupational disease, the most important action for every worker to take is to get proper medical attention. At the earliest opportunity, he or she must also begin to understand the legal implications for benefits that can pay for medical expenses and lost income.
New York has a statute of limitations for filing New York workers' compensation claims, and on-the-job injuries must be reported quickly. Workers have 30 days after the date of an accident to inform employers about an injury and how it occurred. Failure to do so could mean forfeiture of the right to much needed workers' comp benefits.
A worker who suffers from an occupational disease, such as carpal tunnel syndrome, hearing loss or repetitive stress injuries, has a longer period to notify the employer. The law allows two years from the onset of disablement, or two years from discovering that the condition is work-related. The later of these two dates will control eligibility for workers' compensation benefits.
The statute of limitations for workers' compensation claims in New York can provide challenges for workers with some types of injuries, particularly neck and back injuries, as well as injuries to knees, shoulders and other joints. If the worker fails to immediately notice the full extent of the injury, or has suffered aggravation of a pre-existing injury, the legal issues can begin to mount.
A New York City workers' compensation lawyer can help clients understand the legal complexities of proceedings before the Workers' Compensation Board. Many workplace injury attorneys can also help clients understand their rights with respect to Social Security disability claims and third-party personal injury claims against non-employers.
