New York  |  Workers Comp

Legal Question

Asked on: 7/13/09, 8:39 pm

backdating a comp case

My husband worked for a company for 18 yrs, and has recently quit. He has been having neck and arm problems, which we feel is a result of the repetitive work he did there. Can he still go back and open a comp case with them?

2 Answers


Answered on: 7/13/09, 9:02 pm by Michael Stacy

Re: backdating a comp case

You can file a claim now. You have a 2 year statute of limitation to file a claim. However, it is likely the old employer will fight the claim pretty heavily because he quit the job. It may look like the decision to file a claim is an afterthought or that he is doing it out of spite after quitting the job. They may also refuse to file a claim because he is no longer working there so you may have to file the claim on your own. That is easy enough to do if you get the C-3 accident form from the compensation board or their web site. But it is most likely a case that is best handled by an experienced workers compensation lawyer because claims filed after leaving a job are always scrutinized very closely.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Offices of Michael P. Stacy 125 State Street Rochester, NY 14614

Other answers from this attorney

Answered on: 7/16/09, 9:13 am by Mark S. Moroknek

Re: backdating a comp case

He needs to submit a compensation case through the company. But why not submit to the major medical carrier?


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Kelly & Curtis, PLLC. 32 Broadway Suite 301 New York, NY 10004

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search