How Long Do You Have to File a Claim?

One of the most important questions you’ll face after a workplace injury or accident is how long do you have to file a claim? Time is of essence when injured workers seek compensation, and missing deadlines could mean losing rights and benefits.

In New York, every worker, regardless of immigration status, has legal protections. Employers must provide a safe work environment under state and federal law. If an injury occurs, workers have the right to medical treatment, coverage of medical expenses, and financial compensation for lost wages or disabilities. But to secure these benefits, you must act within strict time limits.

Understanding how long after an accident you have to file a claim can make the difference between receiving fair compensation and losing your chance entirely.

What Is Workers’ Compensation Insurance in New York?

Workers’ compensation insurance is a safety net for employees who get hurt or sick because of their job. In New York, nearly all employers are required by law to buy insurance for their workers. Whether you’re a full-time construction worker, a part-time cashier, or a seasonal employee, you should be protected; if your employer has not purchased insurance, you have the right to sue them for compensation after an accident.

How does workers’ compensation work in New York?

After experiencing an accident at work, injured employees can receive benefits regardless of who was responsible for the accident. No investigation into who was responsible for the accident is needed to grant the injured worker their benefits. The program covers:

• Medical Expenses: Workers’ Comp covers all emergency and necessary treatments, surgeries, medications, rehabilitation, and any expense related to receiving the medical attention needed to recover.
• Lost Wages: Workers can receive a portion of their salary if they are not able to return to work after 7 days.
• Permanent Disabilities: Injured workers can receive compensation for long-term or permanent disabilities.
• Survivor Benefits: Families and dependents of workers who die due to workplace injuries can receive financial support.

All medical expenses, including paramedics and ambulances, are covered by workers’ comp from the moment of the injury until the injured worker fully recovers.

If you’re injured at work, you must report the injury to your employer and file a claim as soon as possible. Employers are not allowed to retaliate; in fact, they are required by law to assist you in the aftermath of an accident.

What Is an Accident Compensation Claim?

An accident compensation claim is a formal request for benefits after a workplace injury. In the claim, the worker does not need to prove who was at fault for the accident. Workers’ compensation provides guaranteed benefits for:

• Doctor visits and hospital stays
• Physical therapy
• Disability payments
• Vocational retraining, if needed

To file a claim in New York, workers must first notify their employer and then submit Form C-3 to the Workers’ Compensation Board.

How Long After an Accident Do You Have to File a Claim?

Deadlines are crucial in workers’ comp cases. That’s why it is essential to ask: How long do you have to file a workers’ comp claim in NY? Workers must notify their employer in the next 30 days after an accident. However, it is recommended to inform them immediately.

Injured workers also need to notify the Workers’ Compensation Board of New York. To access all benefits, they should submit the formal claim (Form C-3) as soon as possible and within two years of the accident.

But what if your injury develops over time, like carpal tunnel syndrome or hearing loss? How long is the statute of limitations for those cases? When an injury or sickness gradually develops or is not attributed to a single accident, the clock starts when you first realize the injury is work-related.

Some injured workers also have the right to sue their employers or third parties responsible for the accident, such as subcontractors or faulty equipment manufacturers. If they have a solid case and an experienced legal team, workers can receive higher compensation through a lawsuit than what they receive through workers’ compensation insurance. To file a personal injury lawsuit, the statute of limitations in NY is three years from the date of injury.

How Do I Track My Claim?

The New York Workers’ Compensation Board offers an online system called eCase to track your claim. With eCase, you can:

• Check the status of your case
• View scheduled hearings
• Upload documents
• See payments and medical reports

Most claims are now managed online, making the process faster and more transparent.

Can I Sue After a Workplace Injury?

Workers’ compensation protects employers from most lawsuits. However, there are exceptions. You may be able to sue if:

• Your employer did not provide workers’ comp insurance.
• They intentionally caused harm, for example, by removing safety equipment or not following the scaffolding law.
• A negligent third party contributed to the accident.

In New York, construction workers have won multi-million-dollar settlements after falls, equipment failures, or unsafe worksites. A workplace accident lawyer can help determine if you have a case beyond standard benefits.

How long do you have to file a workers’ comp claim in NY?

To receive all benefits from your workers’ comp, you should report the injury to your employer as soon as possible, within 30 days of the accident. However, you also need to file a claim with the Workers’ Compensation Board within two years of an accident. If you decide to sue a third party or your employer, you have up to three years to file your personal injury lawsuit. Missing these deadlines could cost you your right to compensation.

If you’ve been injured, don’t wait. Report the accident immediately, file your claim, and consult a successful workers’ compensation lawyer to explore all your options. Whether it’s an accident compensation claim or a lawsuit, acting fast ensures you get the justice and compensation you deserve.