New York · workers' compensation
New York workers' comp filing deadline
Talk to a workers' comp attorney in New York.
Free, confidential consultation. Statute-of-limitations rules have many exceptions — a lawyer can confirm your specific deadline.
Notice to employer
Injury must be reported to employer within 30 days; failure may prejudice rights to extent employer relieved of obligation (§18)
Filing with the state
Right to claim compensation barred unless within 2 years after the accident (or if death results, within 2 years after death) a claim is filed with the chairman (§28). For occupational disease: 2 years after disablement AND after claimant knew or should have known disease was due to nature of employment.
Compute your New York deadline
Pick your state, your injury type, and the trigger date. We'll show notice + filing deadlines.
Exceptions and tolling
Statute-of-limitations rules have many exceptions that can extend or pause the clock. The most common in New York:
Occupational disease — Discovery rule
OD exception in §28: 2 years after disablement plus knowledge that disease arose from employment.
Minor tolling
Pending
Mental / disability tolling
Pending
Death claim deadline
Survivors filing for death benefits typically have 2 years from date of death. This calculator does not yet handle death claims; consult a lawyer for those.
Leading case
Pending
Pending
Pending
Attribution
- Primary source
- https://www.nysenate.gov/legislation/laws/WKC/28