Yes, the specific time frame for filing an occupational disease claim is outlined in New York WCL § 28.
According to the statute:
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.
The statute begins to run “from the date of disablement and within two years from the date the claimant knew or should have known that the disease is due to the nature of the employment.” This is important because determining the claimant’s knowledge of the alleged occupational condition is critical to defending against these claims.
When a claimant files an occupational disease claim it is important to seek any documentation showing that the claimant was advised of the alleged condition and the relationship of the condition to their work. Often, the claimant will file a claim but their medical records will indicate they were aware of the injury/condition several years earlier. It will then be up to a judge to determine whether the claimant should have known at that time the injury was potentially work-related and filed a claim within two years of having that knowledge.
