File Immediately to Maintain Right to Workers' Compensation in New York

If you are injured in the workplace in New York, filing paperwork for workers' compensation may be the last thing you want to address. However, putting an employer on notice about a workplace injury and filing an employee claim with the New York State Workers' Compensation Board is crucial. Employees who wait to file may waive their right to workers' compensation.

In New York, the timeline to file a workers' compensation claim is generally dependent on the type of injury: immediate or latent. If an employee suffers an immediate injury or illness related to the workplace, a written claim should be filed with the employer as soon as possible, and no longer than 30 days after the injury. A written claim should also be filed immediately with the New York Workers' Compensation Board.

Often workers suffer injuries or illnesses that appear over time, and those injuries are referred to as latent job-related injuries or illnesses. Examples of latent injury or illness claims include illnesses associated with asbestos, silica, mold or carcinogens. Employees who suffer job-related injuries or illnesses that are latent generally must submit their workers' compensation claim within two years of when they knew or should have known about the injury or illness. Employees who fail to file for workers' compensation within two years of discovering an injury may lose their right to compensation.

Appeals of worker's compensation decisions are also subject to time limits. If a worker is not satisfied with the judge's determination, the worker may appeal the decision by written request within 30 days of when the determination was made. A three-member panel comprised of Workers' Compensation Board members reviews the decision of the judge. If the worker disagrees with the panel's decision, the worker has 30 days to file a written appeal with the Appellate Division, Third Department, Supreme Court of the State of New York. The decision by the Appellate Division may be appealed to the Court of Appeals.

To safeguard their workers' compensation rights, employees should be aware of timelines that apply to their case.

To avoid issues with your right to workers' compensation, contact an experienced workers' comp attorney to review your legal options.

Bold labels are required.

• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338