How Long Does An Employer Have To File A Workers Comp Claim In NY?

Filing A Workers Comp Claim In NY

A workers comp claim takes time. Here's how long employers have to file a claim in New York.

The New York State Department of Labor recently issued an advisory stating that the waiting period to file a workers comp claim is now seven days. The seven-day waiting period applies to both initial and recertification claims, meaning that a new injury must be reported within seven days of the date the injury occurred.

The seven-day waiting period does not apply to claims filed after July 1, 2018. However, that period was extended until June 30, 2020, to give employers more time to obtain medical documentation.

Under the Worker's Compensation Law, an employer must file a claim on behalf of an injured worker within 45 days of receiving notice of a work-related injury or illness. If an employer does not file a claim, the employer is precluded from arguing that the worker is not eligible for benefits under the law.

Claims can be made by either the employee or the employer. The employer is responsible for filing the claim on behalf of the employee. In order to file a claim, the employer must be notified of the injury.

Employers should keep in mind that there is no deadline to file a claim. Once a claim is filed, the employer must pay the claim, regardless of the reason for the delay in submitting the claim.

For more information, visit the New York State Department of Labor website at www.labor.ny.gov.

How Long Can You Stay On Workers Comp In NY?

The state of New York is on the verge of becoming the first state to offer injured workers the chance to sue their employer for medical expenses and lost wages, instead of simply accepting payments from insurance companies, according to a bill approved unanimously by the state legislature.

Introduced by Democratic Assemblywoman Jo Anne Simon in April, the bill would allow workers who have received workers’ comp benefits to sue their employers for reimbursement of medical bills and loss of income. “For far too long, injured workers have been forced to accept low-ball settlements with insurance companies that don’t even cover the medical expenses they need to recover,” said Assemblywoman Simon, who serves as chair of the Assembly Committee on Labor. “New York state workers deserve better. I’m proud to introduce legislation that will help ensure that they get it.”

Currently, injured workers can only sue their employers for wage loss and medical expenses directly paid by the insurer, which in many cases is much lower than what they have actually spent. Some workers’ comp insurers will pay out benefits, but only if the worker accepts a lump sum payment — a practice known as “bundling” — rather than receiving regular payments over a period of months or years.

The bill, known as the Worker and Employer Bill of Rights, would require all workers’ comp insurers to pay out at least 75 percent of medical bills, and to fully reimburse workers for lost wages. That figure is expected to increase to 95 percent in the near future, according to Assemblyman David Buchwald, who introduced the bill. He said it is meant to give workers “a fighting chance” when they are forced to accept lower-than-market rates for their injuries.

The bill also requires employers to provide information about their insurance coverage and the amount of benefits they will be required to pay. Under current law, employers are not legally required to inform workers of their coverage, meaning that many injured workers do not know if they are eligible for benefits. Workers who believe they are being wrongly denied benefits have limited options, as they cannot appeal to the state board of labor or file a civil lawsuit against their employer. Instead, they must wait for a judge to determine the extent of their damages, which can be costly and time-consuming.