If you've been hurt on the job or developed a health condition because of your work, you may wonder whether you qualify for Workers’ Compensation benefits. The answer depends on a few important factors, but you may be entitled to benefits under New York’s Workers’ Compensation Law if your injury or illness is related to your work.
MCV Law has been handling Workers’ Compensation cases for over 40 years. We represent only injured workers and have helped thousands of New York’s workers understand their rights and fight for the benefits they deserve. Here's what you need to know about qualifying for Workers' Comp:
Types of Workers' Compensation Claims in New York
There are two main types of Workers' Compensation claims in New York:
1. Accidental Injury Claims
These claims involve a specific event or accident that leads to injury, such as:
- Fall from a ladder
- A sudden injury from lifting heavy materials
- Slips and falls on a wet floor
- Getting caught in machinery
Accidents that happen while you’re performing job-related duties—whether on-site, off-site, or while traveling for work—may qualify for Workers’ Compensation.
2. Occupational Disease Claims
An occupational disease claim arises when an illness or injury develops over time due to the nature of your work. These claims can include:
- Carpal Tunnel Syndrome from repetitive hand movements
- Asthma or other respiratory conditions caused by exposure to chemicals or dust
- Hearing loss from prolonged exposure to loud environments
- Musculoskeletal injuries caused by repetitive strain
Legal Requirements to Qualify for Workers' Comp Benefits
To successfully pursue a Workers’ Compensation claim in New York, certain legal requirements must be met:
1. Timely Notification to Your Employer
You must notify your employer of your injury within 30 days of the accident or discovery of an occupational disease. While verbal notice might suffice, written notification is best.
2. Filing a Claim with the Workers' Compensation Board
You must formally file your claim with the New York State Workers’ Compensation Board within:
- 2 years of the date of the accident, or
- 2 years from when you knew or should have known that your condition was work-related (for occupational disease claims).
Failing to meet these deadlines could bar you from receiving benefits, so you must act promptly.
Why Medical Evidence is Critical
For any Workers' Comp claim to be successful, you must have medical documentation that connects your injury or illness to your work. This includes:
- Doctor’s notes
- Diagnostic test results (e.g., X-rays, MRIs)
- Specialist reports
- Treatment records
Medical evidence not only establishes that your condition is work-related but it also helps define the extent of your injury and necessary treatment.
Don’t Risk Costly Mistakes — Get Help from Experienced Workers’ Compensation Attorneys
The Workers' Compensation process in New York is complex, and mistakes made at the outset can jeopardize your claim. Filing the wrong forms, missing deadlines, or providing incomplete medical records can lead to denials or delayed benefits.
At MCV Law, our experienced Workers' Compensation attorneys are here to guide you through the process, from filing your initial claim to handling disputes and appeals if necessary. We’ll ensure your claim is filed correctly, your evidence is properly documented, and your rights are fully protected.
Contact MCV Law for a Free Consultation
If you’ve suffered an injury or developed a medical condition related to your job, don’t navigate the process alone. Contact MCV Law today to schedule a free consultation with our Workers' Compensation team. We’ll help you understand your options and fight to get the benefits you deserve.