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Understanding the Notice and Statute of Limitations Defenses in New York

Greg LoisAn employer must provide statutory benefits to employees who have an accident and sustain an injury which arises out of and in the course of employment. It follows that an employer must be notified of the accident and any resulting injury, within a reasonable time, so that it has an opportunity to determine if the claimant is entitled to benefits, and the extent of those benefits, before it can be held responsible for compliance.

Notice to the Employer.

The employee must provide notice to the employer within 30 days after the accident causing injury or death to the employee. WCL §18. The notice should be in writing and provide:

  • The name and address of the employee;
  • The time of the accident causing the injury;
  • The place of the accident;
  • The nature of the injury sustained by the employee;
  • The cause of the injury; and
  • The signature of the employee, or a person on behalf of the injured employee.

​Manner of transmission.

If the notice is sent to the employer via mail, the notice must be sent via registered mail to the last known place of business. WCL § 18.

If the notice is delivered in person, notice must be handed to a partner (if it is a partnership) or someone authorized to receive process (if the employer is a corporation). WCL §18. Continue reading Understanding the Notice and Statute of Limitations Defenses in New York