End of the Winter Season: Can You File a Claim for an Old Injury?

Most victims who suffer an accident at work will notify their managers and file paperwork ASAP. However, there are situations where you may not realize you’re injured until later. If you’re going through this, you might wonder if it’s too late to file a workers’ compensation claim in New York. This post will go through what the law says about filing late claims, how deadlines work in the state, and what your next steps should be.

What Are Some Common Winter Workplace Injuries?

Winter workplace injuries are less common than in warmer months when construction and other outdoor industries are busy with projects. However, they still happen and could be as dangerous as any other season.

The most common winter workplace injuries and hazards include:

• Slips and falls on icy surfaces
• Cold-related conditions
• Snowblower injuries
• Work vehicle accidents
• Falling ice and snow
• Repetitive stress injuries (RSI)

Time Limits For Reporting An Injury

According to New York’s workers’ compensation law, employees must report their injuries to their employer within 30 days of the incident. However, you can still file a claim for your injuries even if you told them about it past this initial deadline. The state gives workers two years from the date they were injured or discovered the injury to start the process.

That being said, your chances of approval are lower if you don’t notify your employer within the initial 30-day window. Always protect yourself by telling them about an incident immediately, even if you think it’s minor. You never know if it could become a more serious issue later on.

What If You Didn’t Develop The Injury Immediately?

While filing a claim late might seem like an uphill battle, delayed symptoms are common, especially for back, joint, or repetitive stress injuries. A minor slip and fall injury you had on an icy surface or light back pain a few weeks ago may turn out to be much more serious than you initially thought.

In this case, the “date of discovery” will become more relevant. This day marks when you first realized you had a serious underlying injury, which starts the two-year deadline window for filing a claim.

If you’re filing a claim for a winter injury, you need to act fast. Here’s what to do:

• Notify Your Employer Immediately: If you haven’t already, let your employer know immediately. This way, they can start filing the necessary paperwork and avoid further delays.
• See a Workers’ Compensation Doctor: A workers’ compensation doctor will establish a diagnosis and find the link between your injury and job responsibilities. Establishing a connection is crucial to getting your claim approved.
• File Paperwork and Gather Evidence: File Form C-3 as soon as possible to start the claims process. Late claims generally have a lower approval rate, so gather plenty of relevant evidence that can support your case.

Our Workers’ Comp Lawyers Are Here To Help

Even if your injury happened during the winter season, you still have the legal right to file a claim for your injuries. Our New York workers’ compensation lawyers will help you build a strong case and help you win the compensation you are entitled to. If you have any questions or want to schedule a free case review, please contact us at 855-367-0135 today.