New York Workers Comp Statute of Limitations
The clock on a New York workers comp claim starts the day you're injured, not the day you get around to filing. Understanding exactly when it runs out matters more than almost anything else in the process.
Filing Deadline
2 years
From the date of injury. Some exceptions apply — see tolling rules below. Not legal advice.
Why This Deadline Exists
The reasoning behind New York's deadline is straightforward: claims get harder to verify the longer they sit, and insurers use that to argue against late filings. The deadline forces the process to move while the facts are still clear.
When the Deadline Can Be Extended
New York, like most states, recognizes that not every injury announces itself immediately. Occupational diseases discovered well after the triggering exposure typically get a modified deadline tied to diagnosis rather than exposure date. Similar flexibility sometimes applies to minors or where an employer actively concealed a workplace injury. None of these exceptions are automatic — they require specific facts to invoke.
What Happens If You Miss It
A missed deadline in New York isn't usually something that can be fixed after the fact. The claim is typically closed to the insurer's benefit, which is exactly why acting early — even before you're certain you'll need to file — matters more than waiting for complete certainty about the injury's severity.
New York Workers Comp Rules
- Waiting period: 7 days
- Attorney contingency fee: 10-15%
- State agency: NY Workers' Compensation Board