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New York workers' compensation deadlines

It might seem unfair or unreasonable, but the reality is that as soon as you are injured in the workplace, the clock starts ticking. Injured workers have deadlines to meet, even if they cannot work.

The deadlines are imposed by the New York State Workers' Compensation Board. In order to qualify for workers' comp benefits, you have to meet the deadlines. Of course, the first order of business when you sustain a workplace injury is to get needed medical treatment.

Then you must notify your supervisor about the accident, and how it happened. Within 30 days, you must also give your employer written notice of the accident.

More deadlines for employees and others

  • The injured worker has to file a workers' comp claim with the Board District Office (within two years).
  • Preliminary medical report must be filed by a doctor within 48 hours of the accident
  • Within 10 days of the notification of the accident, your employer must report the injury to the insurer and workers' comp board.
  • Within 18 days of receiving that injury report from your employer, the insurer begins payment of benefits - unless the claim is being disputed. If it's being disputed, the insurer has to notify you and the Workers' Compensation Board.

So what happens when a claim is disputed? A workers' comp Law Judge decides on the matter after a hearing. These hearings are crucial. The insurance company will be there with its attorney, ready to deny you your claim.

Experienced workers' comp attorneys know the law and how to apply it to your situation: crucial elements of preserving your claim and securing your benefits.

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