If your injury occurred during the course of your employment, it would fall under the Workers’ Compensation Law in New York. There are two types of Workers’ Compensation claims, an accident and an occupational disease. An accident case is one that occurs due to a specific event, such as a fall or a lifting injury. An occupational disease case is one that occurs over time, which often involves a repetitive, work-related task. An occupational disease is not always a physical injury such as Carpal Tunnel Syndrome, but can also include a condition, such as Covid or Asthma. So long as you have medical evidence relating your injury or condition to your work duties, whether it be an accident or an occupational disease, your injury would qualify for Worker’s Compensation, assuming other legal requirements are met.
In addition to proving that your injury is work-related with medical evidence, the law requires you to report your injury to your employer within 30 days of an accident. It is best to do so in writing and provide a copy to the Workers’ Compensation Board. There is also a 2-year Statute of Limitations to file a Workers’ Compensation claim. You must file your claim within 2 years of the accident or, in the case of an occupational disease, 2 years from when you knew or should have known your condition/injury was work-related. Properly filing your claim is crucial to whether it will be successful. Often times, mistakes made at the beginning of a claim can be fatal. The forms are confusing - don’t do it on your own. Call MCV Law today for assistance in filing your claim... we will make sure it is done right.