Is there a statute of limitations for Worker’s Compensations Claims?
Yes. There are generally two statute of limitations.
The first limitation pertains to notice to the employer. An employee injured on the job has 30 days to notify his or her employer about on the job accidents. Worker’s Compensation Law section 18. If an employee gets hurt the job, continues to work, and doesn’t tell a supervisor about his accident for more than 30 days, the claim will not be successful. If the injured worker is removed in an ambulance from the job, then the employer has notice. But if the worker feels symptoms days later and then goes to a doctor, the employee must notice directly to a supervisor.
An employee also must file a compensation claim with the New York Worker’s Compensation Board within two years from the date of the accident. Worker’s Compensation Law section 28. Most employers will file such a compensation claim with the New York Worker’s Compensation Board within two years. However, if the employer and employee does not file a claim, the employee’s compensation claim would be barred.
There are exceptions to these rules. The most generous statute of limitations is for claims arising out of exposure due to the 9/11 tragedy. The legislature has acted several times expanding the rights of rescue and cleanup workers exposed to noxious materials at ground zero and at the Staten Island dump.
By James Santner, Esq. If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.