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

A workers compensation claim can be filed for many different reasons, and one of the most common reasons is when an employee is injured on the job. If you are thinking about filing a workers compensation claim, you will need to know how long you have to file in order to do so. There is a time limit that must be met in order to file for workers compensation benefits in Brooklyn. This time limit varies depending on the type of claim you are filing.

There are three types of workers compensation claims that are covered by workers compensation in Brooklyn. Each type of claim will have different deadlines. If you are unsure of the deadline, it is important to consult with an experienced Brooklyn workers compensation lawyer to help you decide what type of claim you should file.

Direct Liability Claim

The first type of claim is a direct liability claim. This type of claim occurs when an employer has been negligent or careless in creating a dangerous working environment. For example, an employer could have exposed a worker to asbestos on the job. The employer is then directly responsible for the injuries caused by the exposure. The employer must file a direct liability claim within two years of the injury.

Indirect Liability Claim

A second type of claim is called an indirect liability claim. This type of claim occurs when an employer fails to provide adequate equipment and/or a safe work environment. An example of this would be when a work vehicle has faulty brakes and a worker is injured as a result of the faulty brakes. The employer is responsible for providing a safe work environment, but the worker must prove that the employer failed to do so. The employer is only liable if they knew or should have known of the risk. The employer must file an indirect liability claim within two years of the injury.

Occupational Disease Claim

A third type of claim is called an occupational disease claim. This type of claim occurs when an employee contracts an occupational disease while on the job. Examples of this include asbestosis, mesothelioma, and silicosis. The employer is responsible for the health risks that arise from the workplace. The employer must file an occupational disease claim within three years of the date the disease was diagnosed.

If you are wondering if you have enough time to file a workers compensation claim, it is important to remember that the deadline is based on the type of claim you are filing. In the case of a direct liability claim, you have two years from the date of the injury to file. In the case of an indirect liability claim, you have two years from the date the claim is filed to file. Finally, in the case of an occupational disease claim, you have three years from the date the disease was diagnosed to file.

Our law firm has extensive experience representing clients who are filing workers compensation claims in Brooklyn. We will work to ensure that you receive the maximum amount of compensation you are entitled to. To schedule a consultation, contact our office today.