New York workers’ compensation law has strict statutes of limitations for reporting workplace injuries and filing claims. However, certain exceptions and legal strategies can help preserve your right to benefits. At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation attorneys have helped thousands of injured workers in Staten Island and the greater New York City area. Here, we explain workers’ compensation deadlines in NY and how a lawyer can help you get the benefits you need to protect your physical and financial health.
Key Takeaways
- Prompt notification — You must inform your employer in writing within 30 days of an injury.
- Filing time limit —Generally, a claim (Form C-3) must be filed with the Workers’ Compensation Board within two years.
- There are exceptions — Missing a deadline doesn’t always prevent you from obtaining benefits, especially if you suffer from an occupational disease or job-related hearing loss.
- Legal support is vital — Hiring a skilled workers’ compensation lawyer can give you a better chance of a successful outcome and maximize your compensation.
Understanding New York Workers’ Compensation Deadlines
New York workers’ compensation law sets specific timeframes to ensure evidence is preserved and claims are processed efficiently.
The 30-Day Notice Rule
Under New York workers’ compensation law, you are required to provide written notice of your injury to your employer within 30 days of the accident. This notice should include the time, place, and cause of the injury. Failing to meet this short window is one of the most common reasons insurance carriers deny claims.
The Two-Year Claim Filing Limit
Although you must notify your employer quickly, you have two years from the date of a workplace accident or death to file a formal claim with the Workers’ Compensation Board (WCB). Your attorney can evaluate your case and determine whether any exceptions apply.
Claims Involving Occupational Diseases
For occupational diseases that develop over time, the two-year clock typically starts when you knew or should have known that your condition was work-related. These cases often involve illnesses like asbestos-related conditions, carpal tunnel syndrome, or lung diseases. This date of disablement is often determined by a judge based on medical evidence and when you first missed time from work.
Occupational Hearing Loss
Job-related hearing loss claims have unique requirements under New York law:
- Waiting period — You must be removed from the harmful noise for at least 90 days before you can file a workers’ compensation claim. Many workers do this by leaving the job, transferring to a quiet area, or using effective protective gear.
- Filing a claim — You have two years and 90 days from the date you knew the hearing loss was work-related to file your formal claim.
Because cases involving occupational diseases often involve complex medical testimony and legal nuances, it’s vital to seek the counsel of an experienced workers’ compensation lawyer. Our team can assess your case, help you understand the process, and ensure your filing is both timely and accurate.
Why Workers’ Compensation Deadlines Are Often Missed
Even the most diligent workers miss deadlines for a variety of reasons. Our workers’ compensation attorneys in Staten Island often handle cases involving missed deadlines due to:
- Minor initial symptoms — An injury that seems like a minor strain or sprain may worsen over months, which can be detrimental to your claim if you haven’t yet informed your employer in writing.
- Delayed diagnosis — In cases involving occupational diseases, repetitive stress injuries, or traumatic brain injury it can take months or even years to diagnose the condition and confirm a link to the workplace.
- Catastrophic injury — When someone suffers an injury that leaves them physically or mentally unable to notify their employer or file a claim, they may miss important deadlines.
Workers’ Compensation Deadline Exceptions
If either the 30-day notification or two-year filing deadline is missed, the insurance carrier will probably deny your claim. Our workers’ compensation lawyers can help you file an appeal and counter the statute of limitations argument the insurer will likely use to justify the denial.
Some common exceptions to workers’ compensation deadlines include:
- Employer knowledge — If your employer knew about the injury, even without formal notice, the 30-day reporting rule may not apply.
- Employer-provided benefits — If medical care and/or wage replacement benefits were provided before you filed a claim, the statute of limitations might not start until those benefits stop.
- Delayed discovery — For occupational diseases or injuries that develop over time, the clock starts when you first learn the condition is work-related.
- Severe incapacitation — Being quarantined or hospitalized due to a contagious disease, coma, or prolonged treatment can pause deadlines.
- Fraud or concealment — If your employer or their insurer actively hid information or lied to prevent you from filing a claim, workers’ compensation deadlines may not apply.
With decades of experience navigating the legal complexities of these cases, we know how to identify every available exception to keep your claim moving forward.
What to Do If Your Workers’ Compensation Claim Is Denied
Regardless of whether you missed a deadline, if an insurance carrier denies your claim or reduces your benefits, you have the right to appeal. Our experienced attorneys can help you request a hearing before an Administrative Law Judge (ALJ) and gather vital evidence such as medical records, documentation of conversations with your employer, and proof of incapacitation if you were unable to meet the 30-day notification deadline.
Your Staten Island workers’ compensation attorney will help you prepare for the hearing so you know what to expect. We also take appropriate steps to continue your appeal if the judge rules against you. Navigating this process can be intimidating. Our attorneys fight for your rights and work tirelessly to help you obtain the benefits you deserve.
Why Choose Our Staten Island Workers’ Compensation Lawyers?
When you’re dealing with a workplace injury or denied claim, having a local team that knows the New York court system inside and out is an invaluable asset. With Nappa, Monterosso & Poznansky, LLP, you get:
Decades of focused experience — Our practice areas focus only on New York Workers’ Compensation and Social Security Disability cases.
Native Staten Islanders — As the largest workers’ compensation law firm in Staten Island and natives of the greater NYC area, we’re deeply invested in our local communities.
Direct, personal service — Other firms often use paralegals or administrative staff to communicate with multilingual clients. Partner and attorney Rolando Cubela is fluent in Spanish and provides personal service to our Spanish-speaking clients.
No upfront costs — Our workers’ compensation and SSDI lawyers take cases on a contingency fee basis. This means you won’t incur any upfront costs and we only get paid if we successfully secure benefits for you.
We understand that a denied claim or reduced benefits can have a serious impact on workers and their families. Whether you’re just starting the claims process or need help with a missed deadline, our compassionate, tenacious team is ready to fight for you.
Contact a Workers’ Compensation Attorney Near You in Staten Island
If you’re worried that a missed workers’ comp deadline in NY has put your benefits at risk, Nappa, Monterosso & Poznansky, LLP, can help. Contact us or call 718-273-9000 today to schedule a free consultation with a workers’ comp lawyer near you in the greater New York City area.
