Legal Question in Workers Comp in New York

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?

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

2 Answers from Attorneys

Michael Stacy Law Offices of Michael P. 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.

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Answered on 7/13/09, 9:02 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: backdating a comp case

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

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Answered on 7/16/09, 9:13 am

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