If you have been injured on the job in New York State, there are three crucial elements you need to qualify for workers' compensation. These elements are commonly represented by the acronym ANCR, which stands for “Accident, Notice, and Causal Relationship.” Let's break down what each of these elements means and how to determine if you qualify for benefits.
The first thing you need to qualify for a workers’ comp claim is an “Accident.” In other words, you’ve got to show that something work-related actually happened. Think about it like this:
If you had an accident like that while working and it led to an injury, you’ve got the first box checked for workers’ comp benefits.
There’s also a related category called “occupational disease,” which happens when you get sick or develop a health condition because of your work environment. A couple of common examples are:
If your illness or condition came directly from your job, that also meets the first requirement for a workers’ comp claim.
The second thing you need to handle is “Notice.” In New York, you’ve got to let your boss know about your accident or injury in writing within 30 days. The written notice should cover:
But honestly, most cases are covered by something called “actual notice.” This just means your employer found out about the injury because of the circumstances. Some examples include:
For occupational diseases, figuring out the 30-day notice period is trickier since there isn’t a specific accident date. In these cases, the clock starts ticking from the day you realized (or should’ve realized) that your condition was caused by your job—usually when a doctor gives you a diagnosis.
The third thing you need to cover is a “Causal Relationship.” Basically, this is the medical proof that links your injury or illness directly to your job or the accident that happened at work. Your doctor will note how the injury happened while they’re treating you.
For example, a medical record might say something like:
“The patient was driving for Uber with passengers in the car and got rear-ended while stopped at a red light. He has neck and back injuries. In my opinion, these injuries were caused by the accident.”
In this example, the doctor is connecting your injury to your job, which checks off the causal relationship needed for your workers’ comp claim.
If you need assistance, please don't hesitate to reach out. Understanding these elements can significantly impact your ability to secure the benefits you deserve after a workplace injury. Feel free to give me, Rex Zachofsky, a call at 212-406-8989 anytime.
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