A work injury can disrupt your income, your health and your daily life. Knowing how long the workers’ compensation process takes in New York may help you plan ahead and avoid surprises.
How long most cases take
Most New York workers’ compensation cases resolve in six months to two years. Straightforward, uncontested claims tend to close faster. Cases involving serious injuries, disputes or appeals often take longer. Some complex cases stretch to three years or more.
What the law requires
New York Workers’ Compensation Law sets clear payment deadlines. Under WCL Section 25, the insurance carrier must begin paying benefits within 18 days after your disability begins. If the carrier learns of your injury later, payment must start within 10 days of that notice. Carriers that miss these deadlines face financial penalties.
State law also requires a seven-day waiting period before wage benefits begin. If your disability lasts more than 14 days, benefits become retroactive to your first missed day of work.
What affects your timeline
Several factors can shorten or extend how long your case takes. Here’s what you need to know:
- Injury severity: More serious injuries require more medical evidence and longer recovery periods.
- Maximum medical improvement (MMI): Settlement talks usually cannot begin until a doctor certifies your condition has stabilized.
- Disputed claims: If the insurer contests your injury or its severity, hearings and appeals can add months.
- Medicare set-aside approval: Cases requiring Centers for Medicare and Medicaid Services review may take four to 12 additional months.
- Board approval: The New York Workers’ Compensation Board must review any settlement before it becomes final.
Each of these steps adds time, so your case may not follow a single predictable path.
What to do if your claim stalls
If the insurer misses a deadline, you may file Form RFA-1W. This alerts the Workers’ Compensation Board to review your case and take action.
Get guidance before accepting any settlement
A workers’ compensation case involves decisions that can affect your benefits for years. Speaking with a lawyer may clarify how these rules apply to your situation. An attorney can review your claim and help you understand your options before you agree to any terms.