JACKSON HEIGHTS, NY - Injured workers in New York face strict deadlines that can jeopardize their right to benefits if missed. Queens workers' compensation attorney Keetick L. Sanchez of K L Sanchez Law Office (https://accidentlawyer-queens.com/how-long-do-you-have-to-report-an-injury-at-work-in-ny/) explains the critical timeframes workers must follow when reporting workplace injuries and filing claims with the Workers' Compensation Board.
According to Queens workers' compensation attorney Keetick L. Sanchez, New York law requires injured workers to report workplace injuries to their employer within 30 days of the accident under Workers' Compensation Law § 18. This verbal or written notice initiates the workers' compensation process and protects the individual's right to benefits. After notifying the employer, injured workers have two years from the date of injury under WCL § 28 to file a formal claim with the Workers' Compensation Board.
Queens workers' compensation attorney Keetick L. Sanchez emphasizes that the 30-day reporting deadline can be excused in certain circumstances. The Workers' Compensation Board has discretion to excuse late notice when there was a sufficient reason notice could not have been given, such as when the worker was physically or mentally incapacitated due to the injury. The WCB may also excuse late notice when the employer or its supervisory agents had actual knowledge of the accident, including situations where a supervisor witnessed the incident, arranged medical care, or documented the injury internally.
Missing the 30-day reporting deadline typically results in claim denial unless the injured worker proves an exception applied or that the delay did not prevent proper investigation. Attorney Sanchez notes that late reporting damages credibility and gives insurance carriers grounds to dispute whether an injury is work-related. Employers and insurance carriers frequently use late reporting as grounds to dispute claims, arguing that the delay prevented proper investigation of the accident.
For occupational diseases, the two-year filing deadline starts from the date of disability, or when the worker knew or should have known the condition was work-related, whichever is later. This includes repetitive stress injuries like carpal tunnel syndrome or illnesses caused by long-term exposure to hazardous substances.
Workers injured at airport cargo facilities, Long Island City construction sites, or the numerous warehouses throughout Queens should report injuries to their immediate supervisors right away. "Many injured workers in Jackson Heights, including restaurant staff, construction workers, and retail employees, delay reporting because they fear retaliation or believe their injuries will heal quickly," observes Sanchez.
Beyond reporting requirements, Sanchez highlights the 90-day rule, which requires injured workers to see a doctor at least once every 90 days while receiving temporary disability benefits. The treating physician must evaluate the worker's condition and certify that they remain unable to work. If more than 90 days pass without a medical examination, the workers' compensation insurance carrier can suspend wage replacement benefits.
New York workers' compensation provides four categories of benefits for work-related injuries. Medical benefits cover all reasonable and necessary treatment, including doctor visits, hospital care, surgery, physical therapy, prescription medications, and medical equipment. Wage replacement benefits are generally calculated as two-thirds of the worker's average weekly wage, multiplied by the percentage of disability. Travel expense reimbursement covers mileage and public transportation costs for medical appointments. Vocational rehabilitation benefits help workers who cannot return to their previous jobs because of permanent injuries.
"The Queens District Office of the Workers' Compensation Board at 168-46 91st Avenue in Jamaica handles claims for injured workers throughout Queens," notes Sanchez. "Workers need to understand not only the reporting deadlines but also the ongoing requirements to maintain their benefits."
Workers who seek treatment at Jamaica Hospital Medical Center on Van Wyck Expressway or Elmhurst Hospital Center on Broadway for workplace injuries should inform the hospital that the injury is work-related. This creates documentation that supports the workers' compensation claim, even if the worker has not yet formally reported to their employer.
About K L Sanchez Law Office:
K L Sanchez Law Office is a Jackson Heights-based law firm focused on workers' compensation claims, third-party lawsuits, and Labor Law cases for construction workers. Led by attorney Keetick L. Sanchez, the firm represents injured workers throughout Queens, including Jackson Heights, Jamaica, Long Island City, and surrounding areas. For consultations, call (646) 701-7990.
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Company Name: K L Sanchez Law Office, P.C.
Contact Person: Keetick Sanchez
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Phone: (646) 701-7990
Address:37-06 82nd St #304
City: Jackson Heights
State: New York 11372
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Website: https://accidentlawyer-queens.com/