If you had an injury at work and didn’t report it to your employer within the 90 days period allowed to file for the claim, it is still possible to extend the filing of your claim within a year but can be difficult as you need to build a “good cause” for failing to do so within those days of your injury. If you decide to file your claim after 90 days from the injury, expect to receive a denial from the insurer.
It is very hard to establish a good cause in New York. This city has a fair-minded worker standard that acknowledges the type of the work accident, the following symptoms, medical evidence related to the cause of injury, different explanations of the symptoms, self-aid, and the status to which the symptoms restrained the employee’s on and off work activities, education and occupation history, and valid dependency on medical advice. Whether the good cause has been accepted is completely certain by weighing these factors and applied to the situation of your case.
It is best to call the Weinstock law attorney to assist you with filing the injury claim if it is more than 90 days and you didn’t notify your employer. Speak with our attorney before your statement is to be taken to assure you don’t use words that will deny your claim and have peace of mind that all related information is provided.