Have I Waited Too Long to Report My Work-Related Injury in New York?
As with most anything, every workman’s compensation case is different, and every state has their own laws. In the state of New York, you are required to report an injury within 30 days of the injury occurring on the job site. To claim worker’s compensation, you are required to file a claim within two years of the injury. If you are past these dates, and feel you have a case, you need to speak to a construction accident attorney immediately. There are exceptions when necessary, and each case has its own unique details to be considered.
Why Is a Reporting Deadline Necessary?
As stated above, each state has its own deadlines. For a Westchester, New York construction worker, the deadline is 30 days when reporting an injury on the construction job site. There are rare cases when there is a reason for reporting past the 30-day deadline. In those cases, speak to your construction accident attorney to get his opinion on whether or not you have a case.
If you have been injured, and are within the 30-day period, contact Barovick Law so we can get the injury reported as soon as possible. The necessity for a deadline stems from a need for accuracy. There may be some doubts if an employee claims he or she was injured 6 months ago, but now has no proof of the injury. The deadline is in place to protect you also, not just your employer, and the compensation insurance company. If you report everything in a timely manner as required, and then find down the road that the injury has taken a greater toll than expected, you may have a larger worker’s compensation case than you thought.
Since you have up to two years to file a claim for compensation, having the record of reporting the injury on time will be helpful to back up that claim.
Reporting Your Construction Accident Injury in Westchester, New York
Keeping the deadline in mind – what steps should you take if an accident does occur on the construction job site, and you are injured?
First and foremost, get help immediately when necessary. Reporting can happen later, so get an ambulance, get to the doctor, whatever you need to do so the injury doesn’t become worse. You may end up needing worker’s compensation as a result of the injury, so If possible, have a co-worker take photos of your injury, and any equipment if necessary. Save your medical history and medical bills that you incur due to the construction site injury. Having the extra proof never hurts and can be necessary when dealing with on the job injuries.
New York is a “no fault” state, so you will not be to blame, nor will your employer. Still, having physical proof beyond just your word, is always helpful when dealing with worker’s compensation insurance.
Reporting your injury in writing is the best method, and usually required by employers. Having it in writing protects you, so there is proof that you did indeed report the accident within the 30 day requirement. Your employer may have a form you need to fill out. If you are uncomfortable reporting the injury on your own, we can help you with that. Anything written and signed can be used as proof, if you choose to file for workman’s compensation. Depending on the injury and how it is affecting your quality of life, you may begin the process of getting compensated when you are ready, and within the two-year time frame.
A construction accident attorney is your ally for construction worker’s compensation. At Barovick Law, we understand the process can be a confusing one. It doesn’t have to be, when you allow us to get your workman’s compensation for you. We know the construction industry and specialize in getting hard working men and women in the construction business, the compensation they deserve. Call Barovick Law, construction accident attorneys, today for your free consultation.
We will do the filing for you, so you can put your mind at ease, and focus on your recovery!
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