Legal Question in Workers Comp in New York

nys workers compensation time limits

I injured my back in 1989, had surgery in 1991. It was a fusion, I am having problems and may need another surgery. Can this case be reopened, or is it too old?


Asked on 1/25/08, 9:47 pm

3 Answers from Attorneys

Re: nys workers compensation time limits

I believe that it can always be reopened, unless you accepted a final settlement. Feel free to contact me and I will put you in touch with the comp attorney I refer my clients to (if you need an atty, which is good idea under the circumstances).

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Answered on 1/26/08, 8:30 am
Michael Stacy Law Offices of Michael P. Stacy

Re: nys workers compensation time limits

Cases only get "reopened" if there is a dispute between you and the insurance company for further medical care or wages. So it can be reopened quite easily. However, I can see two or three very big problems with your case. The biggest problem you will have is that there is a section of the law, NY (WCL Section 123) That says no compensation wage benefits are payable to a claimant if the case is over 18 years old AND it has been more that 8 years since the last time you were paid comp. This only applies to wage benefits and not medical treatment. So if you go out for surgery, the medical bills would be paid but the wage loss might not. This is a very tricky area of the law and you will probably need a lawyer to work the problem out.

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Answered on 1/26/08, 11:35 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: nys workers compensation time limits

if you did not have a change in condition within the last 18 yrs.then your case is too old.

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Answered on 1/26/08, 12:57 pm


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