new york 31503 640

Compliance Corner: N.Y. Notice, Proof of Disability

01 Apr, 2024 Frank Ferreri

new york 31503 640

Albany, NY ( -- Let's say you're in New York and need to know what notice and proof of disability the Empire State needs for workers' compensation purposes. The following information covers what state law provides.


Notice and proof of disability shall be in the format prescribed by the Chair. Once the employer receives the request for disability benefits from an employee, the employer shall complete the employer information and return it to the employee within three business days.

What Goes in the Notice

The notice and proof shall include statements furnished by the claimant and the claimant's attending physician, podiatrist, certified nurse midwife, chiropractor, or dentist in the form prescribed for such purpose by the chairman. The attending physician, podiatrist, certified nurse midwife, chiropractor, or dentist shall complete and mail such form to the carrier or self-insured employer, or return it to the claimant, within seven days of receipt of the form.

Additional Information

A carrier, employer, or the chairman may investigate a claim and for cause require additional information.

Failure to Provide Notice

Failure to furnish notice or proof within 30 days after commencement of the period of disability shall not invalidate the claim, but no benefits shall be required to be paid for any period more than two weeks prior to the date on which the required proof is furnished. However, if a claimant shows it was not reasonably possible to furnish such notice or proof within 30 days and that such notice or proof was furnished as soon as possible (e.g., delay by medical provider, or claimant was incapacitated), such delay may be excused and benefits may be payable for the full period of disability; provided, however, that no benefits shall be paid unless required proof of disability is furnished within 26 weeks after commencement of the period of disability.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

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