How Long Can A Workers’ Comp Claim Stay Open in New York?
What is Workers’ Compensation?
Workers’ compensation is a benefit that all companies have to offer to their employees.
Workers’ comp provides medical care to workers who have suffered a work-related injury or have developed an illness due to their activities at work. However, medical care is not the only compensation benefit provided.
Workers’ compensation provides coverage for lost wages, funeral expenses, and other out-of-pocket expenditures related to the injury.
How long is a workers’ compensation claim valid?
One frequently asked question is, how long can a workers’ compensation claim stay open? The answer will vary depending on the state where the claim was filed.
Even though workers’ compensation is a federal program, compensation law is not the same for all states. Every state can determine different laws and rules for workers’ comp claims. In some states workers’ comp cases can stay open indefinitely, whereas, in other states, there is a time limit.
In the state of New York, for example, an injured employee in a workplace accident has to report the occurrence in 30 days or less and can file a claim within 2 years from the date of the event. The claim can stay open for two years from the date the accident occurred or from the date of the last payment.
Whichever date is later is the one that will be used to start counting down the two years before the statute of limitations expires.
For example, if the accident happened on March 1st, 2021 but the last payment was March 15th, 2021, the statute of limitations will expire on March 15th, 2023.
As previously stated, the statute of limitations can vary from one state to another. As a result, if you have been injured at work, it is critical that you seek legal assistance from a compensation lawyer who is familiar with your state’s legislation.
How is the Cost of Workers’ Compensation Determined?
The cost of a workers’ compensation claim is difficult to calculate. Remember that an injured worker might seek compensation for their medical treatment costs (both current and future), lost pay, and, in the event of death, burial expenditures.
Worker’s compensation claims should pay all expenses incurred as a result of the injury. This may appear simple, calculating all expenses and then determining what you should be compensated for. Nonetheless, it is not as simple as that.
In many cases, some injuries can leave workers with sequels for many years or even permanently. As a result, estimating how much money will be spent on medical care for the remainder of a person’s life can be challenging.
Furthermore, if the worker who was wounded at work is unable to execute certain tasks that prevent them from doing what they used to do for a living, they must be compensated for the potential loss of income.
For all of these reasons, it is frequent to see injured workers who have obtained compensation for a workplace injury but the amount of money received is insufficient to meet all expenses that may occur over time.
Experienced worker’s compensation attorneys can help you accurately determine the amount of money you should be compensated for.
What Is the Time Limit for Making a Workers’ Compensation Claim?
The amount of time an injured worker can file a workers’ comp claim varies depending on the state where the claim is filed.
For example, in New York, a person who suffered an injury at work has 2 years from the date of the accident to file a worker’s compensation claim. However, if we are talking about an illness that developed over the years due to the nature of their job, the statute of limitations is two years from the date “you should have known”.
Consider someone who has worked in a factory for 20 years and is experiencing signs of respiratory disease. This person visits a doctor, who concludes that the worker has a respiratory condition as a result of the chemicals utilized in the plant.
The date this person “should have known” would be the date that the doctor diagnosed the illness.
In conclusion, no matter in which state you live, the recommendation will always be to file a workers’ compensation claim as soon as possible, no matter if the symptoms are mild.
Do not make the mistake of filing a claim only when the pain is unbearable, especially if the pain could have been avoided.
What is Permanent Partial Disability (PPD)?
Permanent Partial Disability is a benefit that is paid to workers who have lost the use of a body part, system, or organ permanently and this impairment prevents them from working.
Workers do not instantly receive PPD benefits. PPD benefits begin to accrue once temporary total disability (TTD) benefits have expired, or from the date of the injury if no TTD is paid.
Can an old injury be covered by workers’ compensation?
It is possible that an old injury will be aggravated after a few years. If this happens, in the state of New York, it is possible to file a second claim.
Keep in mind that insurance companies will not make it easy for you to recover further compensation. But if you have a good workers’ compensation attorney and medical records and more evidence that supports your claim, it is very likely that you can be compensated.
Are There Exceptions to the Statute of Limitations?
In New York, there is a special rule for hearing loss. Workers who suffer hearing loss may not notice it immediately. For that reason, New York compensation laws allow workers to report the hearing loss within 3 months after the workers left the noisy workplace or stopped working for the company.
I reported a work injury, can I get fired for that?
Getting fired for reporting a work injury is possible but it is also something very suspicious. After being fired, you may lose your compensation benefits.
If you were fired after reporting a work injury and you believe that it happened because your employer does not want to be responsible for your injuries, you need to take legal action immediately. Seek legal representation from an experienced workers’ compensation attorney.
Greenberg & Stein P.C. is a prestigious law firm in New York. Our lawyers have vast experience handling workers’ compensation cases. If you recently suffered an injury at work and you do not know what to do, do not hesitate to contact us.
To arrange a free consultation with one of our attorneys to go through your case, contact us at 212-681-2535.