First and foremost, you should seek immediate medical attention. Except in an emergency, the treating physician must be authorized by the New York State Workers' Compensation Board.
Second, notify your employer about the injury. The law requires that an injured worker notify an individual in a supervisory capacity about the injury and how it occurred within 30 days of the accident. In the event of an occupational disease or repetitive stress claim, the law requires notice to be given within two years of when the injured worker knew or should have known that his/her condition is related to the work being performed, or within two years of when the condition has become disabling. The later of the two dates will apply.
So long as the employer has been timely notified of the claim, an injured worker has two years from the date of the injury, or in the case of an occupational disease or repetitive stress claim, two years from the date of disablement or two years from the date the injured worker knew or should have known that his/her condition was work related to file a claim with the Workers' Compensation Board. Although there are exceptions, if the claim is not filed within two years, an injured worker may lose their right to benefits.
Third, protect your rights - quality workers compensation attorneys will ensure you receive all of the benefits you are entitled to. If you live or work in Rockland County, Westchester, Orange or NYC and have any questions about doctors, notifying employers, eligibility or want to discuss the case with us, please contact Wugman & Wugman P.C. at (845) 499-2232. They are located at 151 North Main St., New City, NY 10956.