Jun 15

I Should Have Filed Worker’s Comp But Didn’t – Is It Too Late?

One of the most important parts of a worker’s comp claim is filing the paperwork in a timely manner. This is why worker’s comp experts stress that you need to report any accident that occurs on the job to your supervisor and all other relevant parties as quickly as you can no matter how minor the injury seems. If you don’t, it’s possible that you may no longer be eligible to file a claim later when you do realize that you’ve been substantially hurt. If you should have filed for worker’s comp, but didn’t, the big question you likely have is whether or not it’s too late.

Worker’s Comp Laws in New York

In New York, you have two years from the date of injury to file your claim. However, this isn’t the key deadline in one of these situations. You must inform your employer in writing that you were injured on the job within 30 days of the injury. There are some extenuating circumstances that the Workers’ Compensation Board of New York will take into consideration. For example, if you were injured so severely that you were in a coma or were mentally unable to make decisions following the accident, the 30-day deadline may be waved.

If you have determined that you have contracted a disease from your work environment or exposure to substances while at work, the deadline is similar. Instead of two years from the date of your injury, you have two years to file a claim started from the day you learned about your condition or became disabled by it.

What if You Missed the Deadline?

If you didn’t report your injury to your employer within 30 days, your claim is likely to be denied by your employer’s worker’s comp insurance company. If this happens, you will need to work with an experienced worker’s comp expert to determine if your circumstances allow late reporting. There are also various other circumstances that can work in your favor, such as if your manager or supervisor was present when the accident occurred.

If you’ve been injured on the job, one of the first things you need to do is visit the office of Dr. Jeff Mollins. Dr. Mollins will exam you for injuries and make a detailed record that can later be used in your worker’s comp claim. Without such a record, your claim may be denied even if you meet every deadline. Contact our office today to make an appointment.