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Posted by on December 15, 2021

A work-related injury can be a confusing process to go through, legally-speaking. You hurt yourself at work and think your injuries will get better on their own, so you wait. You don’t see any improvement and wonder if it is necessary to even see a doctor. Nevertheless, time limits on workers’ compensation cases are scrupulously important.

Each state’s law establishes the deadlines for filing claims, reporting the injury directly to your employer, and other matters related to your workers’ compensation case. In New York, the sooner you report it, the better. Under statute, you have two years from the date of injury to file a lawsuit in court against a private employer. The time limit for filing a case against a New York city, council, or state government is even shorter. If you don’t file within the specified time limit, the court will likely reject your case for a workplace injury.

After you are injured on the job or discover that you have a medical condition caused by conditions in your workplace, you should report it immediately. An employee does not have legal recourse if the employer or someone on their behalf does not provide written notice within 30 days of the injury. Make it clear that you were hurt on the job. Excluding the latter can allow your employer or other third parties to conveniently change the narrative.

There are a few exceptions to the time limit specified in the statute of limitation in New York. The only time the limitation is not applicable is if an injured person becomes aware of an injury later. When that happens, the statute of limitations will apply when the worker discovers the injury in the workplace. In fact, the statute of limitation begins to run once the victim realizes the injury and not when it occurred. 

The legal requirements for a workplace injury can be obviously complicated so getting help from an expert is highly recommended. The rules regarding a work injury in New York are complex. A workers’ compensation attorney can provide you with representation for your case, and the odds of a successful court outcome increase significantly. When it comes to filing a workplace injury, time is of the essence. The sooner you contact an attorney, the better your chances of obtaining full and fair compensation.

Posted in: Law