How Long Do You Have To Report a Workplace Injury?

July 26, 2022
Steven Schwartzapfel

What Are Workplace Injuries?

Workplace injuries may consist of mild to severe physical injuries, illnesses, and/or medical conditions that occur in or because of the workplace.

To further clarify, a workplace injury can occur:

At the workplace. For example, if you sustain a broken arm because a piece of equipment falls on you at your office or warehouse, that counts as a workplace injury.
During the course of work-related duties. For instance, imagine that you are driving a vehicle for your employer to meet with a client. The vehicle gets into an accident and you suffer injuries. Those injuries could constitute workplace injuries because you were “in the workplace,” even though you weren’t in a traditional office or facility environment.

Additionally, workplace injuries can encompass other maladies and harms, including but not limited to:

Broken bones
Traumatic brain injuries (TBIs), such as concussions
External lacerations and/or internal bleeding
Burns

Work-related injuries are highly important to address, as they can reflect poorly on an employer or company. For example, if a business experiences a high number of employee job injuries over a few years, it may come under investigation for safety issues.

According to the Bureau of Labor Statistics, private industry employers reported over (125,000) nonfatal workplace injuries and illnesses in New York State alone throughout 2021. This resulted in an incident rate of about 2.2 injury cases per 100 full-time workers. In other words, workplace injuries and illnesses are far from rare in the Empire State.

Workplace injuries can also vary depending on the industry in which you work. For instance, the injury rates in the financial activities sector are lower compared to the educational and health services sector. Meanwhile, trade, transportation, utilities, education, and health services account for 66% of occupational injuries and illnesses.

If you or a loved one works in one of these industries, it is critically important to know how to file a workplace injury report for workers’ compensation benefits and other legal purposes.

Why Is It Important To Report a Workplace Injury?

Reporting workplace injuries is not just important as a matter of general concern; it is legally required. According to New York State law, injured workers must report workplace injuries, regardless of fault or responsibility. Note: The initial injury report can affect your insurance carrier’s response, legal advice, and other aspects as well.

In a broad sense, reporting a workplace injury is necessary to obtain workers’ compensation so that you can receive financial assistance for treating your injuries. To this end, the vast majority of private employers in New York are required to carry workers’ compensation insurance so that injured employees can be provided with regular payments to help cover the cost of medical bills and related expenses as they recover from their injuries.

On a larger scale, reporting a workplace injury enables your workplace to take preventive measures to avoid similar incidents in the future. If, for instance, you suffer an injury because of a broken ladder, informing your employer ASAP will likely allow them to fix the issue. In so doing, you could potentially save others from experiencing similar harms.

Who Needs To Know How To Report Workplace Injuries?

According to workers’ compensation law, every employee needs to know how to report workplace injuries, no matter their industry or job title. However, knowing how to report workplace injuries is even more important for construction workers and other blue-collar professionals.

Reminder: The construction, trades, infrastructure, engineering, and health sectors have higher incidence rates of workplace injuries than most other sectors. This is due to a combination of common hazards in these industries and the kinds of work these professionals perform.

If you don’t already know how to report a workplace injury or how long you have to do so, please read on. Alternatively, the skilled team of Schwartzapfel Lawyers can answer any questions you have when you contact us now at 1-516-342-2200 or visit us online.

Time Limit for Reporting a Workplace Injury

In general, injured workers have a strict timeline of (30) days to report a workplace injury. There are a few exceptions, but this deadline holds true for most workplace injuries, including but not limited to:

Broken bones
Lacerations
Herniations
Traumatic brain injury (TBI)
Severe bruises
Strains, sprains, and ligament tears
Spinal damage (e.g., paralysis)
And more!

Of course, it’s wiser to report a workplace injurybefore this deadline looms. For instance, if injured on the job, your best course of action is to report it to your immediate supervisor as soon as possible. This way, you can start filing a workers’ compensation claim without delay, thereby increasing your odds of receiving a payout to cover medical bills.

Note: Injured workers may also have up to (2) years to file a workers’ comp claim for injuries they discover after the fact. For instance, say that you injure your leg on the job and then receive medical treatment for it.Now it’s one year later and you discover that you have sustained knee damage that limits your mobility and causes regular discomfort. Because less than (2) years have passed, you can still file a workers’ comp claim for your knee injury and potentially receive coverage for ongoing medical costs.

This is why it’s absolutely critical for an injured worker to be thoroughly examined by a qualified medical professional after any workplace injury. A medical professional can provide a preliminary diagnosis for any injury sustained and may be able to identify potential complications you may not have noticed until much later on.

To recap: Injured workers have (30) days to file a claim under New York law. They may also have up to (2) years from the date they should have reasonably noticed an injury that developed from a workplace accident after the fact.

Rules for Reporting Hearing Loss

Under New York State law, there are special reporting timelines for hearing loss. If you suffer from job-related hearing loss, whether partially or to the point of complete deafness, you have up to (3) months after noticing it to report it for workers’ compensation.

Note: New York law allows for an extended timeline in this case, as hearing loss can be difficult to detect at first.

Why Should You Report an Injury Promptly?

Even if an injury initially seems minor, you should report it promptly for several important reasons. Namely: When you don’t report an injury quickly, you could be jeopardizing your rights to workers’ comp benefits and other claims. Why is this?

Laws regarding workers’ compensation in New York are very complicated. This can make it hard for workers to know what their rights are and what responsibilities they have. Moreover, the longer you wait, the firmer the grounds an employer or insurance company likely has to deny your claim.

As well, in many cases, the more time that passes between the occurrence of your injury and the filing of your claim, the more time your injury has to heal. And while this may make you feel better, it could compromise how much you receive in terms of medical benefits.

For instance, if you sustain burns on your arm at work but don’t report the injury right away, those burns could heal somewhat before the 30-day time limit is up. Thus, when you finally do report the injury and take pictures of it, the burn injury could seem a lot less intense than it really was, which could decrease the amount of money you receive through workers’ compensation.

In addition, employers are under an obligation to report injuries promptly to certain state boards. This means that the faster you report an injury to your employer, the faster they can file a claim.

For more on this and related topics, speak with a seasoned Schwartzapfel Lawyers workers’ comp attorney by calling 1-516-342-2200 now at no charge.

Do Employers Have Time Limits?

Yes! According to New York law, employers must report any workplace injury or illness to the New York State Workers’ Compensation Board before one of these two deadlines:

On or before the 18th day after the workplace injury and/or illness occurred; OR
Within (10) days of the injured employee learning about the injuring event.

Note: If an employer fails to report an injury or illness promptly, they can face penalties of up to $2,500.

Statute of Limitations for Workers’ Comp Claims

Remember: The general statute of limitations for workers’ comp claims is two years. But when does the clock start?

In most cases, the time limit for the statute of limitations begins when you should reasonably notice the injury. In other words, it is two years from the date that you “should have known” you were injured or suffering from a medical complication.

Because this can be complex or difficult to prove, qualified legal professionals can assist with filing a successful workers’ comp claim, even if the insurance company fights back. To shore up your case, you should try to document everything you can before filing your claim (e.g., doctors’ notes) and then present that evidence to your lawyers.

What If You Don’t Recognize an Injury for a Long Time?

If you don’t immediately recognize an injury, the statute of limitations rule still applies. Remember, the rule is based on when you should reasonably be able to notice your injury. What constitutes reasonable, of course, can vary from person to person and case to case.

With knowledgeable workers’ comp attorneys, you may be able to push back your injury timeline or convince a judge/court that you could not have noticed your injury for some time until well after the fact. This will be easier with supplementary medical evidence.

Getting a Medical Opinion

In most cases, you’ll need a written opinion from a licensed medical professional to push back the statute of limitations.

Say that you slipped and fell on your back at work in March 2022. You didn’t think you were injured when you got up, so you continued business as usual. In July 2022, however, you discover that your back pain has worsened.

When you visit a doctor, you learn that an impact on your spinal cord caused damage to one of your spinal discs. Symptoms took a long time to manifest, but there’s little doubt that your fall some months ago is the cause.

This information could seriously affect your statute of limitations and your qualification for workers’ comp. You should get a written report from that medical professional to ensure you still qualify for workers’ compensation payments and other legal options. The report should include:

The professional believes that it is reasonable that you did not notice your injury for several months after the incident.
The opinion that the incident caused your current injury, pain, discomfort, etc.

The right medical opinion may allow you to still qualify for workers’ comp payments, even after several months have passed. This may also be necessary for “under the radar” injuries that can occur in very specific industries.

For instance, if you are exposed to radiation or toxins by accident in your workplace, but symptoms don’t manifest until many years after the fact, you may need medical documentation substantiating your claim form that those exposures caused your current illnesses or conditions.

To learn more now at no charge, call Schwartzapfel Lawyers at 1-516-342-2200 or visit us online!

How To Begin the Workplace Injury Reporting Process

Now let’s take a look at the workplace injury reporting process step-by-step. Once you have this information, you’ll be well-equipped and ready to report an injury if you ever sustain one or need to assist a fellow employee.

Seek Medical Care

The first thing you should do after sustaining a workplace injury is seek proper medical care.

Depending on the nature and severity of your injury or illness, recovering medical care at the earliest opportunity could be vital. For instance, if you suffer a severe burn, the first few minutes after that burn can impact its overall severity, how much skin loss you see, the pain you’ll feel, and much more. Treating the burn with cream or running cold water over the burn area is crucial.

With that in mind, don’t immediately worry about workers’ comp and reporting your injury for the time being. Instead, focus on getting adequate medical care and contact emergency professionals by dialing 911 if needed.

Report the Injury

You should report the injury to your employer after receiving proper medical care. Note that, depending on the circumstances of the injury, your employer may already be aware of it. For instance, if you slip and fall and break your ankle and it’s on camera, your employer will likely know about the injury in advance.

Note: You will still need to officially “report” the injury by completing the appropriate paperwork after receiving medical attention.

Minor vs. Major Workplace Injuries

Before filing a workplace injury report or filing for workers’ comp, you should know the distinction between minor and major workplace injuries.

According to the New York State Workers’ Compensation Board (NYS WCB), minor injuries are any injuries that:

Require two (2) or fewer treatments by anyone who renders first aid.
Results in less than one day of lost time beyond the normal end of the injured employee’s working shift. Imagine a scenario where you sprain your ankle while on the job. You receive medical attention for it, but ultimately, you only need a few painkillers and a small splint you can get in your office. You spend less than two (2) hours on the injury. According to the NYS WCB, this is a minor injury.

Now imagine a separate scenario: You fall from a ladder and break your wrist. Because of the nature of the injury, it requires you to visit a hospital and requires multiple separate treatments to examine the injury, set the bone, place a cast, remove the cast, etc. In addition, you necessarily have to spend more than one day away from work! Thus, this would count as a serious or severe workplace injury.

Both minor and major workplace injuries must be reported to your employer. However, now you know how to classify your injury beyond subjective descriptions like pain or discomfort.

What Do You Need To Report an Injury to Your Employer?

You don’t need a lot to formally and officially report an injury to your workplace. Instead, all you need to do is submit a written file or document stating:

The date of the injury and where you were injured while on the job.
The nature of the injury or impairment.
Whether the injury was minor or severe.
Whether you are claiming workers’ comp because of the injury.

Most workplaces with workers’ comp insurance will have a standardized form or document you can fill out. As such, you can usually call your workplace and ask for this document to be mailed or delivered by hand. Once received, you can fill the appropriate paperwork out and turn it into your workplace’s front office or HR department. To this end, you should ask your supervisor about the specific policies you may need to follow.

Keep All Records and Documents

Before you turn in any injury-related document, taking a picture or getting a photocopy of it is usually a good idea. In fact, you should photocopy or record all documents related to your workplace injury, including the injury report form, any medical forms you acquire, and much more.

This is because records and documents can be invaluable if you decide to sue over a workplace injury or incident later on.

Remember, workers’ comp companies often want to save money by not paying injured employees. Therefore, if there’s any wiggle room in the details of your case – for example, maybe your injury occurred on the border between the workplace and a public street – an insurance company may try not to pay you what you are entitled to.

If you have extra evidence proving that you were injured on the job and are entitled to workers’ comp, your lawyers can use that information to negotiate more aggressively with insurance companies. It may result in faster payouts or higher workers’ comp payouts overall.

Check With Your Employer To See If They Reported the Injury

Lastly, don’t forget to double-check with your workplace or employer to ensure they also reported the injury. As noted above, employers must report all employee injuries to the NYS WCB. If they fail to do so, it could indicate that they are trying not to report the injury to keep their stats down, to avoid having to pay workers’ compensation, or for some other negative reason.

Ask your employer for a copy of their injury report for your own records. Suppose your employer has indeed reported the injury as it is legally mandated. In that case, they should have a copy of that report ready so you can determine your workers’ compensation rights. If you are unsure of your employer’s workers’ compensation insurance policy or carrier, you may contact an Ombudsman from the Office of Injured Employee Counsel (OIEC) to help.

How Can Legal Professionals Help?

Qualified legal professionals can assist with a workplace injury case in a variety of ways. Even if you have solid grounds for workers’ compensation, it doesn’t guarantee an insurance company will play ball.

Some insurers may challenge your claim for various reasons. For example, they may claim that the injury didn’t occur at work or that it occurred outside of your normal line of job duties. Alternatively, an insurer may claim that you were unemployed at the time of the injury, which can be very difficult to overturn if you are a freelancer or contracted worker.

Regardless, workers’ comp attorneys can go to bat for you and fight for you to get the compensation you need. To help your claim succeed, they can:

Gather evidence on your behalf that proves your workers’ comp claim is legitimate. As well, they can collect medical notes, camera footage, eyewitness accounts, and other pieces of evidence depending on what you need.
Ensure that your workers’ comp claim is filed correctly and with the right organization, thereby preventing clerical errors from affecting your monetary compensation.

Additionally, workers’ compensation attorneys may be necessary if your employer tries to prevent your claim from going through. Some employers might also attempt to claim that you are not employed by them, that you weren’t carrying out your duties safely, or something else.

In the end, there’s no reason you should have to go through the workers’ comp claim process alone. Here and elsewhere, Schwartzapfel Lawyers can help when you visit us online or give us a call at 1-516-342-2200 today!

How To Find Workers’ Compensation Attorneys

No two law firms are alike and you’ll need the right workers’ compensation lawyers on your side if either the insurance company or your employer tries to deny your claim. To find the right legal representation, be sure to check for three (3) major factors.

Contingency Fee Basis

First, you should never settle for legal representation that tries to charge you money upfront. Instead, you should hire workers’ compensation lawyers who work on a contingency fee basis.

In a nutshell, a contingency fee basis means that your legal team won’t charge you a dime unless they recover compensation for your settlement or court case. This is an excellent deal for you since it means that you don’t have to worry about paying for your medical bills and legal representation at the same time.

Schwartzapfel Lawyers always operates on a contingency fee basis for each of our clients. We treat our clients like family members and are so confident in our ability to help you get the financial justice you are entitled to that we won’t charge you a penny unless we recover compensation for your needs.

Workers’ Comp Focus

Next, you should look for a law firm that specializes in workers’ compensation. Don’t hire one that isn’t focused on workers’ comp law. You wouldn’t want to hire a tax attorney to represent you in a slip-and-fall matter, right? The same sentiment applies with workers’ comp representation.

Schwartzapfel Lawyers is well-equipped and ready to assist with your upcoming workers’ compensation case. We’ve helped numerous injured workers over our 150+ years of collective service, so we’ve seen everything the legal system has to offer and are familiar with the many methods insurance companies may use to try to avoid paying their fair share.

History of Case Success

Lastly, only hire workers’ compensation attorneys who have a stellar history of past successes. Schwartzapfel Lawyers’ client testimonials page showcases our world-class track record when it comes to client satisfaction and favorable outcomes.

Over the years, we’ve helped countless New Yorkers recover damages for denied workers’ compensation claims, allowing them to pay for medical expenses, make up for lost income, and even recover permanent disability benefits. Depending on the specifics of your case, you, too, could recover thousands or even millions of dollars!

Contact Schwartzapfel Lawyers Today

If you are injured at work and want to file a workers’ compensation claim, you generally have (30) days to report the incident and any accompanying injuries or illnesses.

Still, the earlier you report your injury, the greater the likelihood that you’ll get the workers’ compensation payout you need to pay for your medical bills and accident-related expenses.

And if your employer or the insurance company doesn’t want to do what’s right, contact Schwartzapfel Lawyers today. We’ll fight for you no matter what and won’t rest until you get the benefits you need to recover – physically, emotionally, and financially.

For a free case evaluation and so much more, contact us today online or at 1-516-342-2200. And remember: While your consultation will be free, the advice you receive from our experienced team may save you miles of headache, heartache, and financial strain down the road.

Call now!

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You™™

Your Responsibilities as an Employer | wcb.ny.gov

Workers’ Compensation Occupational Disease | wcb.ny.gov

The Claims Process – The First Steps | wcb.ny.gov

Hearing loss – Symptoms and causes | Mayo Clinic

Employer-Reported Workplace Injuries and Illnesses in New York — 2021 | Bureau of Labor Statistics

The Claims Process – The First Steps | Workers’ | Compensation Board

Workers’ Compensation Coverage Requirements | Workers’ Compensation Board