If you’ve suffered workplace injuries in NYC, it’s important to learn about the workers’ compensation process and pursue benefits as soon as possible. Although the statute of limitations for workers’ compensation claims is two years in New York, different time limits may apply in cases involving occupational diseases and other circumstances. As the largest workplace injury law firm on Staten Island, Nappa, Monterosso & Poznansky, LLP, handles all types of cases for injured workers in the greater New York City area. We fight for employee rights and help you understand how statutes of limitations may affect your claim.
You Must Report Your Workplace Injury to Your Employer Within 30 Days
New York workers’ compensation law requires employees to report work-related accidents, injuries, or illnesses within 30 days of an occurrence. Even if you don’t believe you suffered a serious injury, you should always report a workplace accident to your employer as soon as possible.
For example, if you fall at work and don’t take time off but experience pain or other complications within a month or two, you would then have two years to file a workers’ compensation claim as long as you reported the slip-and-fall accident to your employer. If you fail to provide notice to your employer within the subsequent 30-day period and then attempt to file a workers’ compensation claim after two years, your claim likely will be denied. That’s why it’s a good idea to seek the counsel of an attorney as soon as you can after any workplace accident.
Conditions such as work-related repetitive stress injuries like carpal tunnel syndrome and occupational diseases like asbestosis can take years to develop and usually are not diagnosed right away. In these cases, you have up to two years from the date you knew or should have known your condition was due to the nature of your employment. If you’re diagnosed with any condition that may be work-related, you should report it to your employer immediately and talk to a lawyer, even if you don’t file a workers’ compensation claim.
Occupational Hearing Loss in New York
Hearing loss is one of the most common workplace injuries in the United States, and it often isn’t apparent until after a worker has been removed from the harmful noise or situation. Workers must be removed from the harmful noise for 90 days before attempting to file a workers’ compensation claim for occupational hearing loss. Removal can include leaving the job where the harmful noise occurred or wearing PPE that protects your hearing. If you believe you’re suffering from occupational hearing loss you should contact a workers’ compensation lawyer as soon as possible to know your rights.
Job-Related Death Benefits
A statute of limitations also applies to families who have lost loved ones to workplace injuries. This means that the family or estate must file a claim for death benefits within two years of the worker’s death. In cases involving occupational disease claims, it’s vital to contact a workers’ compensation lawyer as soon as possible following a loved one’s work-related death.
If another party or entity besides an employer was responsible for a fatality, a workers’ compensation attorney may suggest you also consult with a personal injury lawyer to pursue a wrongful death claim.
Don’t Wait Until It’s Too Late
Minimizing workplace injuries and failing to report them to your employer in writing within 30 days can leave you stuck with stacks of medical bills and reduced wages from taking time off work. The New York workers’ compensation system is complex and can be overwhelming. Seeking the assistance of an experienced workers’ compensation lawyer to assist you with your claim can protect your employee rights and give you a better chance of obtaining the full amount of benefits and compensation you may be entitled to receive. If you’ve already filed a claim that’s been denied, a workplace injury lawyer can help you with an appeal.
Contact Our Workers’ Compensation Lawyers in NYC
At Nappa, Monterosso & Poznansky, LLP, our team is committed to helping injured workers in the greater NYC area navigate the workers’ compensation process. Attorney and partner Rolando Cubela is bilingual in Spanish and English and is dedicated to helping Spanish-speaking workers access quality legal representation. If you’ve been hurt on the job, call us at 718-273-9000 or contact us to schedule a free consultation.