When you have an accident at work or an illness related to your work, one of the most important reasons to get legal assistance is to find out the time limits established by workers’ compensation law within the state of New York. An uninformed victim who, as a result, does not act quickly, may lose benefits he or she would otherwise have a right to. The
New York State Workers’ Compensation Board has a statute of limitations (time limits) for making this type of claim.
Deadlines for Making a Workers’ Compensation Claim in New York
Get medical care. Notify your supervisor of the accident and how it occurred. You should also notify your boss about the accident in writing within thirty days.
Treatment within the first forty-eight hours
Your workplace accident doctor will make a medical report for the Workers’ Compensation Board. Copies should be sent to you first and then to your representative and boss or insurance company.
Within ten days of notification about the accident
The boss will inform the Board and insurance company about the injury.
Within fourteen days of notification about the accident
The insurer will provide you with a written statement of your legal rights within fourteen days of notification about your accident or with your first check, whichever comes first. If you have to use the network of medical providers, the insurer should provide information for available contacts.
Within eighteen days of the accident
The insurer has to accept the claim or explain why it denies the claim. The company has to inform you, your representative, and the Board. If you did not notify your boss in time, you run the risk of losing the case. If someone objects to your case, and you are losing work time, file a claim for disability benefits.
Every two weeks
The insurer pays benefits for lost wages (if appropriate) and pays medical providers directly. The insurer should notify the Board if it stops or alters payments.
Every forty-five days
The doctor will submit progress reports to the Board and the insurer.
After twelve weeks
The insurer will determine whether the injured worker requires vocational rehabilitation.
The statute of limitations for submitting benefits claims with the New York State Workers’ Compensation Board establishes that the employer has a time limit of two years from the day of the accident to file a claim.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.