How Long Can A Workers Comp Claim Stay Open In NY?

How Does Workers Comp Work?

A recent article in the New York Daily News reported that, under new state regulations, a worker injured on the job in 2019 can submit their claim to the Workers’ Compensation Board for as long as two years. While there is still an appeal process to resolve the claim, the Board can make a final decision on whether to approve or deny the claim within this timeframe.

It is important to note that this decision does not require any sort of medical treatment or approval. It simply allows the injured worker the opportunity to submit their claim to the board and see how it plays out. If the claim is denied, the worker can appeal the denial and request a rehearing to receive further consideration of their case. The injured worker does not need to file a lawsuit against their employer to make a workers comp claim. However, the injured worker can pursue a separate civil suit against the employer for damages, and the two claims cannot be combined.

The article stated that the changes came as a result of a 2016 state law that allowed the Board to make a final decision on workers comp cases that were appealed after the deadline to file had passed. This change was part of a package of legislation that was enacted by the state legislature that took effect in 2017. The changes to workers comp laws were intended to streamline the process of handling workers comp claims and appeals.

For example, under the previous system, an employer would be required to pay the injured worker’s medical bills and also provide temporary disability benefits until the worker returned to work. If the worker could not return to work, the worker would receive partial permanent disability benefits.

However, the new law removes the requirement that employers pay for medical care and temporary disability benefits, unless the employer and worker agree to such arrangements. The worker is still entitled to such benefits if they are offered by the employer. If the worker rejects the offer, the employer is not obligated to pay for such benefits.

Another benefit of the new law is that the worker’s case is heard by the Board instead of a judge. The Board has much more expertise in hearing workers comp cases, and it can decide on issues like whether a worker is entitled to more benefits than they are currently receiving. The Board also has the ability to increase or decrease the amount of benefits being received by the injured worker.

The worker can also request the Board to review their claim at any time, even after the deadline to file has passed. The worker does not need to have a reason for requesting a review, as the Board may do so on its own initiative.

The article also pointed out that the new law does not apply to injuries that occurred on or after June 1, 2018. This means that, depending on when the injury occurred, a worker may have as long as two years to file their workers comp claim with the Board.

Workers compensation is designed to compensate injured workers for lost wages and medical expenses. If the worker has an injury that was caused by a third-party, they may be able to file a third-party tort claim against the party who is responsible for the worker’s injury. However, if the worker does not have the money to pay for a lawyer to pursue a third-party claim, they can file a workers comp claim and receive compensation from the worker’s employer.

In addition to filing a workers comp claim, a worker may also file a lawsuit against their employer. A lawsuit filed by the worker against the employer must be filed within three years of the date of the injury.