To receive workers’ compensation benefits in New York, it is important to report the accident and injury to your employer timely. The failure to do so can have serious negative consequences, including a denial of your claim.
In general, you have 30 days to report an injury from a work-related accident. Knowing the requirements and the process for reporting your claim is critical. In this article, I will discuss:
- How to properly notify your employer of your accident and injury; and
- What to do if you think you missed the deadline.
By the end of this article, I am confident that you will have a better understanding of the reporting requirements for a New York workers’ compensation claim. As always, you are encouraged to speak with a workers’ compensation attorney who can evaluate the particular facts of your case and help you determine the best course of action for you.
The 30-day Notice Requirement for Workers’ Compensation Accidents in New York
Specific accidents are the most common type of workers’ compensation claim. These accidents occur on a specific date, time, and location. For an easy example, let’s say a construction worker falls from a ladder and fractures their leg. That would be a specific accident at a certain moment in time. A few other examples might include things like:
- A nurse feeling a pop in their shoulder when assisting a patient.
- A fast-food employee slipping and falling due to a wet floor at work.
- A mechanic cutting their finger while working on a car.
- A delivery driver who injured their back in a motor vehicle accident.
If you were injured in a specific accident similar to the examples above, then you must report the accident within 30 days to your employer under Section 18 of the Workers’ Compensation Law. With that said, it is usually best to make the report as soon as possible. After all, you want to make sure there is no delay in getting the medical treatment and/or lost wage benefits that you need.
Additionally, the longer you wait to report, the more likely it becomes that you could miss the deadline, which could lead the insurance company to deny your claim. To make things easier for yourself, it will probably be best to make the report immediately as opposed to waiting.
How to Properly Report Your Workers’ Compensation Injury in New York
There are several steps to properly notifying your employer of your work-related accident within the 30-day period.
First, the notice must be in writing, such as an email or letter. Sometimes an employer will give the employee an accident form to fill out, which can also satisfy the written notice requirement. A text would probably suffice as well, but the New York State Workers’ Compensation Board advises injured workers to try to avoid texts if possible.
Second, the notice in writing should include the following:
- Your name
- Your address
- The time, place, and nature of your injury
- Your signature
After you provide that written notice to your employer, you will have satisfied the notice requirement for New York workers’ compensation. Make sure that you keep a copy of it for your records in case anyone later claims that you failed to provide notice in writing. Your copy can help prove that your notice was proper and timely.
The next step after notifying your employer in writing is to formally file your claim. To do this, you should fill out the Form C-3 (Employee Claim Form) and send it to the New York State Workers’ Compensation Board. You can complete that form electronically online or by mail.
The C-3 is basically just a form that tells details how you got hurt as well as a number of other relevant things like whether you are missing time from work, which doctor you are going to, and other relevant information. Filling out the form can be confusing and stressful for injured workers, especially since it can have an important impact on your claim. A workers’ compensation lawyer can often be critical to ensuring that the form is completed correctly and that key details are not left out.
The deadline for filing the C-3 is technically within two years of the date of accident (or if an occupational disease like carpal tunnel it can be two years from the date of disablement or the date the injured worker knew or should have known that the condition was work-related). However, it typically would not make sense to wait that long and it is generally considered best practice to file the C-3 as soon as practicable.
What if I verbally told my supervisor about the accident but didn’t put anything in writing?
After an accident, an injured worker is often in a state of shock as well as substantial pain. In that moment, the injured worker will likely be more focused on getting immediate medical attention than writing up an accident report or sending a formal email about the accident. So what happens if you only told your supervisor verbally about the accident rather than notifying them in writing?
If you are still within the 30-day period to report the accident, you still have time to notify your employer in writing.
If you are outside of that 30-day period, you still may have options. The failure to notify your employer in writing can be excused in certain situations, including when:
- Notice could not have been given under the circumstances (for example, the person was incapacitated or some other justifiable reason).
- The employer already had knowledge of the accident, injury or death (for example, the injured worker told their supervisor verbally within the deadline, or the supervisor saw the injury happen, etc.).
- The injured worker did not realize the seriousness of the injury within the required notice period and later gave proper notice as soon as they realized the severity of the injury (for example, the injured worker lifted something heavy at work, didn’t think much of it at the time since the resulting back pain was so minor without the need for medical treatment, but then the pain grew worse over the following weeks to the point where they did need treatment)
- The employer was not prejudiced by the late notice (for example, although the notice was late the employer was not harmed from the late notice because they still had access to surveillance footage that clearly showed the accident happen)
In these types of situations, it still may make sense to provide written notice even after the 30-day period, but that is something that you may wish to speak with a workers’ compensation lawyer about first. The lawyer can evaluate the unique facts of your case and help determine the next steps to ensure that your rights as an injured worker are protected.
What should I do if I think I missed the deadline to report my work injury in New York?
If you think that you missed the deadline to report your injury, you may still have options but it may be best to consult with a workers’ compensation lawyer as soon as possible.
As mentioned above, there are situations where the Workers’ Compensation Board can excuse the late notice. Additionally, sometimes the insurance company handling your claim will not make a timely objection to the late notice as required, at which point you may still be allowed to proceed with your claim.
Navigating these issues can be complicated and require litigation before the Workers’ Compensation Board. These types of case are very fact specific, so having legal counsel to put forth the relevant facts can make all the difference. A lawyer will know what facts to argue on your behalf in an effort to have your late notice excused.
Conclusion
To recap, if you were hurt in a work accident, you must give written notice to your employer within 30 days. If you don’t, the insurance company could deny your claim unless the New York State Workers’ Compensation Board determines that there was a valid legal basis to excuse your late notice. There are limited scenarios where late notice can be excused, so it is often recommended to consider consulting with a lawyer if you are concerned that you may not have provided notice to your employer timely.
If you have been injured at work and have questions about the notice requirement, please contact the Law Office of Michael J. McConnell today for a free consultation.
The Law Office of Michael J. McConnell is here to help injured workers’ across the state of New York, including:
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