Workers Compensation Statute Of Limitations for Filing Claims
Under New York law, statutory maximums bar a workers’ compensation claim after a certain amount of time. This means if you are injured on the job, you only have a certain amount of time to file a workers’ compensation claim. After that statute of limitations is up, you can no longer file a claim under the law. New York Law requires that you report an accident that occurs on the job within 30 days of when it happens. If you develop additional injuries resulting from the original injury, you have up to two years to file a claim. The New York State Workers’ Compensation Board defines the statutory maximum for filing a claim as:
- Two years from the date of the disability; or
- Two years from the time the employee should have known about the disability.
It is essential to report any on-the-job injury as soon as possible and to seek medical treatment and legal advice to ensure you get all the benefits that you are entitled to receive.
How Long Can You Receive Claim Workers’ Comp Benefits?
In addition to the statute of limitations for filing a claim, there are limits regarding how long workers’ compensation benefits are payable. If the workplace accident or date of disablement was on or after March 13, 2007, the maximum number of weeks that benefits are payable is determined by the employee’s loss of wage-earning capacity. The New State Workers’ Compensation Board provides maximum time limits for cash benefits per percentage of wage-earning loss. They are listed below:
- 95-100%: 525 weeks
- 90-95%: 500 weeks
- 85-90%: 475 weeks
- 80-85%: 450 weeks
- 75-80%: 425 weeks
- 70-75%: 400 weeks
- 60-70%: 375 weeks
- 50-60%: 350 weeks
- 40-50%: 300 weeks
- 30-40%: 275 weeks
- 15-30%: 250 weeks
- 0-15%: 225 weeks
There are also other classifications of disabilities for workers’ compensation cases that have separate time limits; however, medical and treatment costs are paid immediately and are not dependent on the length of time or classification of the injury. In the case of permanent total disability where the employee’s wage-earning capacity is lost permanently and totally, there is no limit on the number of weeks workers’ compensation may be paid to the employee.
When it comes to workers’ compensation claims, timing can be crucial in several different ways. First and foremost, you want to get in to see a doctor a quickly as possible to ensure you are getting appropriate treatment for your injuries as soon as possible. This can help you heal faster and help avoid long-term complications that can occur when injuries are left untreated. Besides, ensuring you file workers’ compensation claims on time and as required by law is critical. This will ensure that you can receive the treatment you need and any potential cash benefits you may qualify for.
Working with doctors experienced with workers compensation like those at Park Avenue Trauma will not only make the claim process easier but will allow you access to the specialists necessary to get you back to work and healthy as quickly as possible.
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