How Long Do I Have to File a NY Workers' Comp Claim?

In New York workers’ compensation, two deadlines run in parallel. Notice to your employer must be given within 30 days of the accident under WCL §18 — preferably in writing, but oral notice to a supervisor or HR generally counts if you can prove it later. Filing of the claim with the Workers’ Compensation Board must occur within two years of the accident (or, for occupational disease, two years from the date of disablement or the date you knew or should have known the condition was work-related) under WCL §28. Late notice and late filing both have excuse provisions — particularly where the employer had actual knowledge of the accident, where the injury initially seemed minor, or where the claimant was misled. World Trade Center exposure cases and certain latent occupational disease claims have separate statutory schemes. Statutes of limitations are not optional, but they are also not always as final as they look.

30 days to notify. 2 years to file. Each has excuse provisions — but neither is a deadline to ignore.

TL;DR

• 30 days to give notice to your employer (WCL §18) — written is best, oral counts if provable.
• 2 years from accident to file the claim with the WCB (WCL §28).
• For occupational disease, the 2-year clock runs from the date of disablement (or the date you knew or should have known the condition was work-related), not from first exposure.
• Late notice and late filing have excuse provisions — particularly when the employer had actual knowledge.
• WTC exposure and certain latent disease claims have separate statutory schemes.

The 30-day notice rule (WCL §18)

You must give notice of a work injury to your employer within 30 days. Notice should ideally be:

• In writing (email, accident report form, written communication to HR or supervisor)
• Specific about the nature of the accident and the body parts involved
• Documented in a way you can prove later

Oral notice can satisfy §18, but oral notice is harder to prove. Many late-notice disputes turn on whether the supervisor remembers being told.

Excuses for late notice

WCL §18 expressly allows late notice where:

• The employer or insurance carrier had actual knowledge of the accident (often via the supervisor’s witness, an incident report, or a workplace investigation)
• The employer was not prejudiced by the late notice
• Other equitable considerations (claimant misled, injury initially seemed minor)

Late-notice cases are litigable. The carrier will often raise it; the answer depends on the facts.

The 2-year filing rule (WCL §28)

The claim itself must be filed with the WCB within two years of the date of accident. For occupational disease cases, the clock runs from the date of disablement — when the condition first caused disability or required medical treatment, or when the claimant knew or should have known the condition was work-related, whichever applies.

The filing is typically Form C-3 (Employee Claim) submitted to the WCB.

Excuses for late filing

WCL §28 allows late filing in scenarios paralleling the notice excuses:

• The employer or carrier advanced compensation (paid wages during disability, paid medical bills knowing of the work injury) — this can toll the §28 deadline
• The employer or carrier failed to file the FROI (First Report of Injury) — relieving the claimant of strict §28 compliance
• Specific equitable circumstances recognized by the case law

Late-filing analysis can get involved. The general rule is firm; the exceptions are real but require specific facts.

Occupational disease — the disablement date

For occupational disease (carpal tunnel, occupational asthma, lung disease, hearing loss, repetitive trauma, certain cancers), the §28 clock runs from the date of disablement, not from the date of first exposure. Disablement typically means the date the condition first caused medical impairment, required treatment, or led to time off work — combined with the claimant’s knowledge that the condition was work-related.

A claimant who began experiencing carpal tunnel symptoms five years ago but didn’t link them to work until last year may still have a viable claim — the §28 clock starts at the linkage, not at first symptom.

Reopening — §123

Closed cases can be reopened on §123 grounds within statutory windows — generally 7 years from the date of accident, or 18 years for certain categories. This is a separate analysis from initial filing. See Can I reopen my closed case?.

WTC and special schemes

World Trade Center exposure cases have a separate statutory scheme. Certain other categories (firefighter cancer presumption, etc.) have their own timelines and presumptions. Don’t assume the general §28 rule applies in those contexts without checking the specific statute.

What I see go wrong

• Claimants who think 30-day notice is dispositive and give up after missing it. The excuse provisions are real.
• Filing delayed because “the injury didn’t seem serious” — and then the symptoms persist. File anyway and let the carrier or judge resolve compensability.
• Occupational disease cases treated as accidents and dismissed on §28 grounds when the disablement date analysis would have saved them.
• WCB filings made informally (verbal report, intake to a non-WCB office) that don’t satisfy §28.
• Reliance on the carrier to file the claim. Don’t. The C-3 is the claimant’s filing.

What to do next

If you have an injury approaching either the 30-day or 2-year window — or already past it — there may still be a path. Don’t assume the window forecloses the case without analyzing the excuse provisions. Contact me directly.

Related pages

• Where Am I? — Just hurt, first 30 days
• Where Am I? — I reported it but no claim has been filed
• Where Am I? — Case closed, condition worsening
• Can I reopen my closed workers’ comp case?
• NY WC forms explained
• Repetitive stress injuries
• Denied claims