Some workplace injuries come with immediate pain and signs of injury, but others may take time before a person notices them. How long do you have to file a claim?
Chron breaks down deadlines for filing worker’s comp claims. Determine how much time you have left to investigate and report your injury to your company.
First report
New York law determines how much time employees have to let their company know about a workplace injury or file a workers’ comp claim. Once informed of the harm, your employer must complete and submit a report with its insurance company. Your case remains open until the insurance provider either denies or approves the claim.
Repetitive injury cases
If you have an office job or work in the service industry, an injury like carpal tunnel syndrome may develop over weeks or months rather than happen suddenly in a one-day injury. If a repetitive injury forces an employee to take time off work or the person connects the chronic injury to her or his job duties, the employee should then report the harm.
Failure or delay to inform
Employees who suspect they could have a workplace injury should at least inform the company about the injury and work with them to decide whether to file a workers’ comp claim. A delayed report could complicate a viable injury claim, such as giving the insurance carrier grounds to dismiss the claim because the worker delayed the claim.
Quick action could protect your legal rights, your physical health and your earning capacity. Reconsider waiting to see if a potential workplace injury improves on its own.
