Is there a statute of limitations for Worker’s Compensations Claims?
If a worker is injured on the job in New York, there are generally two statute of limitations that he or she has to worry about.
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.
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.