§ 28 — Limitation of right to compensation

New York § 28

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 2: Compensation

Text

§ 28. Limitation of right to compensation. The right to claim\ncompensation under this chapter shall be barred, except as hereinafter\nprovided, unless within two years after the accident, or if death\nresults therefrom within two years after such death, a claim for\ncompensation shall be filed with the chairman, but the employer and\ninsurance carrier shall be deemed to have waived the bar of the statute\nunless the objection to the failure to file the claim within two years\nis raised on the first hearing on such claim at which all parties in\ninterest are present. The right of an employee to claim compensation\nunder this chapter for disablement caused by any occupational disease\nincluding but not limited to compressed air illness or its sequelae,\nsilicosis or other dust disease, latent or delayed pathological bone,\nblood or lung changes or malignancies due to occupational exposure to or\ncontact with arsenic, benzol, beryllium, zirconium, cadmium, chrome,\nlead or fluorine or to exposure to x-rays, radium, ionizing radiation,\nradio-active substances, or any other chemical compound shall not be\nbarred by the failure of the employee to file a claim within such period\nof two years, provided such claim shall be filed after such period of\ntwo years and within two years after disablement and after the claimant\nknew or should have known that the disease is or was due to the nature\nof the employment. No case in which an advance payment is made to an\nemployee or to his dependents in case of death shall be barred by the\nfailure of the employee or his dependents to file a claim, and the board\nmay at any time order a hearing on any such case in the same manner as\nthough a claim for compensation had been filed.\n