Brooklyn Workers’ Compensation Lawyer

Under New York’s workers’ compensation law, you have 30 days from the date of your work accident or the date of onset of symptoms of a work-related illness to inform your employer of your injury or illness. If you don’t give your employer timely notice of your claim or cannot demonstrate good cause for giving late notice, your employer may be entitled to deny your claim for workers’ compensation benefits. In addition, if you need to file a workers’ compensation claim with the state, when your employer denies that your injury or illness is work-related or denies you specific benefits you believe you are entitled to, you have two years from the date of your work accident or onset of symptoms of a work-related illness to file your claim.

Generally speaking, a workers’ compensation claim is your exclusive cause of action against your employer for work-related injuries or illnesses. You may be entitled to file a personal injury lawsuit against your employer under limited circumstances, generally if your employer intentionally caused your injury or illness. However, you are still able to file personal injury lawsuit against third-parties; for example, if you are hit by a negligent driver, or if you are injured by a defective tool or piece of equipment. But if you successfully recover compensation in a third-party personal injury claim, you may be required to reimburse your employer for some of the workers’ compensation benefits it paid to you from your third-party compensation.