Most employees have the right to seek workers’ compensation for injury or illness that occurs as a result of their jobs. However, the laws of most states place some restrictions on when and how you can report a work-related injury. The purpose of these restrictions is to prevent fraudulent claims, to allow the investigation into the cause of the injury to begin promptly, and to ensure that you receive medical treatment in a timely fashion. If you’ve been injured while working on a construction site and you’re eligible for workers’ compensation benefits, please speak with an experienced Brooklyn, NY construction injury lawyer as soon as you can to preserve your access to these benefits. If you were injured while employed as a contractor, the legal team at Polsky, Shouldice & Rosen, P.C. can help you explore legal alternatives to help you gain access to compensation for your medical bills, lost wages, etc.
Like all states do, New York imposes a time limit in which you must report a work-related injury before you’ll become ineligible to receive approval for workers’ compensation benefits. Reporting deadlines vary by jurisdiction. In some states, you have 90 days (approximately three months) in which to report your injury. In other states, you must report within 30 days. Some states provide you less than five days in which to report your injury. Other states ask that employees report work-related injuries as soon as it is practical to do so. Please contact a Brooklyn, NY construction injury lawyer about New York’s reporting requirements as soon as you can after suffering injury.
Some employees do not report work injuries right away because they do not realize that the condition is serious enough to warrant it. When in doubt, however, it is best to report injuries sooner rather than later. Also note that most states require that you see a particular doctor who deals in workers’ compensation cases in order to receive benefits, so it isn’t in your interest to wait to report your injury until after you see a doctor.
If you do not report the injury within the deadline, you may still be able to receive workers’ compensation. This is especially true if symptoms of your injury don’t present until aggravated by new circumstances. However, the amount of your benefits may be reduced. Waiting to report your injury may also result in automatic denial of your claim, although you may be able to appeal this.
Sometimes, however, a work-related injury or illness develops slowly over time, so that you may not realize that it is work-related until a doctor confirms it. If this is the case, you may still have time to report the injury and file a workers’ comp claim with the assistance of an experienced Brooklyn, NY construction injury lawyer. The deadline will usually date from the day of diagnosis rather than the date of injury in this case, but the timeframe will likely be similar.
Some jurisdictions will allow you to make a verbal report of a work-related injury. More often, however, your report must be in writing to be acceptable. Submitting your report in writing ensures that it will be valid no matter what. An experienced Brooklyn, NY construction injury lawyer will be able to walk you through how reporting is conducted in New York.
If you’re concerned that you already missed your reporting deadline, don’t panic. Schedule a consultation with a Brooklyn, NY construction injury lawyer today to explore all legal options still available to you.