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Can I Get Workers Comp for a Delayed Injury?

Many workplace injuries can easily be identified, and an injured employee can file a workers comp claim right away. Here’s an example: You fell in the employee kitchen and hit your head on the countertop. You needed stitches and suffered a concussion. The doctor told you to take it easy for a while because you’ve suffered head trauma.

You would file for workers comp benefits, and your claim probably wouldn’t be challenged, especially if there were witnesses to the accident. Not every workplace injury is so cut and dried, however.

Many injuries occur over time, and some won’t even be recognized until months or years later. If you believe you are suffering from an injury that happened long ago but has only recently affected your health, it’s natural for you to be asking yourself, “Can I get workers comp for a delayed injury?”

You Can File a Workers Comp Claim for a Delayed Injury

Yes, you can file a work comp claim for an injury that you didn’t notice right away. These injury claims are slightly more complicated, though, and they will require more effort to prove. You should also notify your employer as soon as you notice that you’ve been injured.

A few examples of common delayed injuries you could file a workers comp claim for are as follows:

Why Would You Not Report an Injury Right Away?

Under New York law, you have a limited amount of time to report your injury—usually within two years of the date of injury. There are exceptions, however.

Some reasons employees fail to report their injuries immediately are as follows:

  • The employee didn’t realize the injury warranted compensation.
  • He or she didn’t realize the extent of the injury at the time.
  • He or she didn’t know the injury occurred.
  • The employee was afraid of losing his or her job.

Meet with a Workers Comp Lawyer

You can get workers comp benefits for a delayed injury, but you will still need to know whether your injury qualifies you to seek work comp benefits. Speak with an attorney at Finkelstein, Meirowitz & Eidlisz, LLP today. We can help you understand whether you can file for workers comp, and we can represent you through the entire process.

We offer free consultations if you complete our website contact form below or call 212-385-9190.

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