Legal Question in Workers Comp in New York

NYS Workers' Compensation Law Section 120 states " Any complaint alleging such an unlawful discriminatory practice must be filed within two years of the commission of such practice."

I am claiming timely mailing/timely filing as it does not indicate that it has to be filed with the Board, just that it needs to be filed. I have extensively searched and cannot find anything about whether the complaint actually had to be filed at the Board by the date of firing or if mailing constitutes timely filing.

Also, is it 2 years from the date of firing or 2 years from the date of filing a compensation claim?

The Judge kept instructing me to read this Section, and I think she was trying to lead me in a direction, but I can't for the life of me figure it out.

As you may be able to tell, my employer filed a letter requesting my complaint be dismissed as being time barred.

Thank you in advance.


Asked on 1/27/10, 2:41 pm

1 Answer from Attorneys
James Genesi

The time begins to run from time of the alleged discriminatory or retaliatory act. So if I understand you correctly, the time began to run when your employer notified you of your termination not when you filed your compensation claim.

http://www.wcb.state.ny.us/content/main/Contact.jsp

Trying contacting the numbers listed in the address above for more information. I would say that the action is filed when received by the Board, but not 100% sure.

Sincerely

JG

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Answered on 2/02/10, 1:02 pm


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