New York: Two-Month Delay in Filing Report of Injury with Employer Sinks Worker’s Claim

Where a New York employee’s job responsibilities included controverting workers’ compensation claims, his failure to notify his employer of an alleged work-related injury within the 30-day time period specified in N.Y. Workers’ Comp. Law § 18 was unexcused. The employee’s two-month delay in notifying the employer, coupled with the employee’s failure to produce a relevant medical report, was sufficient to justify the Board’s decision to deny his claim. While the employee testified that he sought medical care within four days of his alleged work-related incident, he could not produce any medical record of such treatment.

Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Wright v. H & S Contr., Inc., Matter of Abdallah v. New York City Tr. Auth., 2021 N.Y. App. Div. LEXIS 1511 (Mar. 11, 2021)

See generally Larson’s Workers’ Compensation Law, § 126.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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