N.Y. Workers' Compensation Law § 28: Limitation of right to compensation

§ 28. Limitation of right to compensation. The right to claim

compensation under this chapter shall be barred, except as hereinafter

provided, unless within two years after the accident, or if death

results therefrom within two years after such death, a claim for

compensation shall be filed with the chairman, but the employer and

insurance carrier shall be deemed to have waived the bar of the statute

unless the objection to the failure to file the claim within two years

is raised on the first hearing on such claim at which all parties in

interest are present. The right of an employee to claim compensation

under this chapter for disablement caused by any occupational disease

including but not limited to compressed air illness or its sequelae,

silicosis or other dust disease, latent or delayed pathological bone,

blood or lung changes or malignancies due to occupational exposure to or

contact with arsenic, benzol, beryllium, zirconium, cadmium, chrome,

lead or fluorine or to exposure to x-rays, radium, ionizing radiation,

radio-active substances, or any other chemical compound shall not be

barred by the failure of the employee to file a claim within such period

of two years, provided such claim shall be filed after such period of

two years and within two years after disablement and after the claimant

knew or should have known that the disease is or was due to the nature

of the employment. No case in which an advance payment is made to an

employee or to his dependents in case of death shall be barred by the

failure of the employee or his dependents to file a claim, and the board

may at any time order a hearing on any such case in the same manner as

though a claim for compensation had been filed.