N.Y. Workers' Compensation Law Section 28
Limitation of right to compensation


The right to claim compensation under this chapter shall be barred, except as hereinafter provided, unless within two years after the accident, or if death results therefrom within two years after such death, a claim for compensation shall be filed with the chairman, but the employer and insurance carrier shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present. The right of an employee to claim compensation under this chapter for disablement caused by any occupational disease including but not limited to compressed air illness or its sequelae, silicosis or other dust disease, latent or delayed pathological bone, blood or lung changes or malignancies due to occupational exposure to or contact with arsenic, benzol, beryllium, zirconium, cadmium, chrome, lead or fluorine or to exposure to x-rays, radium, ionizing radiation, radio-active substances, or any other chemical compound shall not be barred by the failure of the employee to file a claim within such period of two years, provided such claim shall be filed after such period of two years and within two years after disablement and after the claimant knew or should have known that the disease is or was due to the nature of the employment. No case in which an advance payment is made to an employee or to his dependents in case of death shall be barred by the failure of the employee or his dependents to file a claim, and the board may at any time order a hearing on any such case in the same manner as though a claim for compensation had been filed.

Source: Section 28 — Limitation of right to compensation, https://www.­nysenate.­gov/legislation/laws/WKC/28 (updated Sep. 22, 2014; accessed Apr. 13, 2024).

9
Definitions
10
Liability for compensation
11
Alternative remedy
12
Compensation not allowed for first seven days
13
Treatment and care of injured employees
13–A
Selection of authorized physician by employee
13–AA
Medical appeals unit
13–B
Authorization of providers, medical bureaus and laboratories by the chair
13–C
Licensing of compensation medical bureaus and laboratories
13–D
Removal of providers from lists of those authorized to render medical care or to conduct independent medical examinations
13–E
Revocation of licenses of compensation medical bureaus and laboratories
13–F
Payment of medical fees
13–G
Payment of bills for medical care
13–H
Ombudsman for injured workers
13–I
Solicitation prohibited
13–J
Medical or surgical treatment by insurance carriers and employers
13–K
Care and treatment of injured employees by duly licensed podiatrists
13–L
Care and treatment of injured employees by duly licensed chiropractors
13–M
Care and treatment of injured employees by duly licensed psychologists
13–N
Mandatory registration of entities which derive income from independent medical examinations
13–O
Pharmaceutical fee schedule
13–P
Comprehensive prescription drug formulary
14
Weekly wages basis of compensation
14–A
Double compensation and death benefits when minors illegally employed
15
Schedule in case of disability
15–A
Assessment on insolvent group self-insured trusts
16
Death benefits
16–A
Death benefits due to diesel exposure
17
Noncitizens
17–A
Limited English proficiency
18
Notice of injury or death
18–A
Notice: The New York Jockey Injury Compensation Fund, Inc
18–B
Notice
18–C
Independent livery bases
19
Physical examination
19–A
Physicians not to accept fees from carriers
19–B
Treatment by physicians in employ of board
19–C
Actions against health services personnel
20
Determination of claims for compensation
21
Presumptions
21–A
Temporary payment of compensation
22
Modification of awards, decisions or orders
23
Appeals
23–A
Mistakes, defects and irregularities
24
Costs and fees
24–A
Representation before the workers’ compensation board
25
Compensation, how payable
25–A
Procedure and payment of compensation in certain claims
25–B
Awards to non-residents: Non-resident compensation fund
26
Enforcement of payment in default
26–A
Procedure and payment of compensation in claims against uninsured defaulting employers
27
Depositing future payments in the aggregate trust fund
27–A
Investments in obligations of designated public benefit corporations
27–B
Amortization of gains or losses
27–C
Appropriations to the aggregate trust fund
28
Limitation of right to compensation
29
Remedies of employees
30
Revenues or benefits from other sources not to affect compensation
31
Agreement for contribution by employee void
32
Waiver agreements
32–A
Waivers of specific coverage prohibited
33
Assignments
34
Preferences
35
Safety net

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 28’s source at nysenate​.gov

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