How long do I have to report a workplace injury?

| Mar 7, 2020 | Workers' Compensation

Planning for a workplace injury may not be the most comfortable subject, but usually people suffer an accident on the job when they least expect it. If you do get hurt, you can fill out a workers’ compensation claim to cover your medical costs. However, you might lose out on compensation if you fail to inform your employer about your injury within a certain timeframe.

The New York Workers’ Compensation Board website explains that, in the aftermath of an accident, securing medical treatment should be your top priority. If you sustain an injury that is not immediately life-threatening, you can seek medical treatment from a provider authorized by the state Workers’ Compensation Board. In the event your injury is severe enough that you must receive emergency medical care at once, state law permits you to receive care from any provider.

Once your condition is stable, you should notify your employer about your injury as soon as possible. State law places a time limit on how long you can wait until you let your employer know about your injury. You must prepare a written notice describing your injury and present it to your employer no more than 30 days from your date of injury. If you do not, you could lose your right to receive workers’ comp benefits.

However, some workers suffer injury not from a single incident, but because of stress and repetitive action that results in an occupational disease. State law gives you greater leeway in this situation. You have two years to notify your employer after you suffer a disability due to occupational disease or two years after you discovered or should have discovered that the affliction was due to workplace activity, whichever one occurs later.