Did I wait too long to file after a Manhattan work assault if I'm undocumented?
The biggest thing to know right now: in New York, being undocumented does not bar you from workers' compensation, but the deadlines still run.
Before you know that, a lot of people stay quiet because they think reporting a work assault could trigger immigration problems. In Manhattan, that silence can cost time. For a workers' comp claim, you generally must notify your employer within 30 days of the injury and file a claim with the New York Workers' Compensation Board within 2 years.
After you know that, your situation changes fast: the real question becomes when the clock started.
If you were assaulted at work and the main injury is PTSD, panic attacks, nightmares, or anxiety, the timing is not always as obvious as a broken bone. The employer may argue the injury started the day of the assault. But if you did not realize the mental health symptoms were serious and work-related until later, that date can matter. Either way, don't wait.
What to do now:
- Tell your employer in writing immediately what happened and that you were hurt.
- File Form C-3 with the New York Workers' Compensation Board now.
- Get medical or mental health treatment and make sure the provider records that the condition followed a workplace assault.
- Save any incident report, 911 record, NYPD complaint number, witness names, texts, or camera locations.
If the assault happened while you were working near a Manhattan school-zone delivery stop or bus-stop crowd during back-to-school season, those details matter because they help connect the event to your job.
If your employer says you waited too long, that is not the end. New York workers' comp judges look closely at notice, medical proof, and when disability became clear. And unlike some injury cases, your immigration status is not supposed to decide whether you can receive benefits.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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