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Statue of limitations

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I am a recipient of Workers Compensation and would like to know if there is an exemption to the two year requirement for filing a discrimination complaint, Section 120 in NYC.

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You did not say who you wish to sue nor what kind of discrimination complaint you have. You mention section 120, but do not say what particular set of laws or rules you are referring to — some federal law, state statute, city ordinance, or what? Those details are important. Also, why is it that you did not get the compliant filed within the two year SOL that you say applies? 

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If you are referring to N.Y. WKC. LAW § 120 : NY Code - Section 120, you have two years from the date the discrimination happened to file a claim. If you are beyond the two year mark, you would need to speak with a lawyer (preferably the one who handled your WC claim) about the viability of a late filed claim. Almost every SOL has some wiggle room depending upon circumstance but only an attorney experienced in bringing these types of cases and knowing the judicial climate in your jurisiction can adequately assess whether your particular circumstances warrant consideration.

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I will provide a little more information about my case. I was told by several attorneys that an employment discrimination claim was very difficult to prove, the attorneys I have asked were Workers Compensation attorneys, most were not willing to discuss my case and others told me that I had one year to file a claim, most recently was a law firm that was representing me for my WC case, when I asked I was still within the two years WC allows. I believed the professionals that were supposed to know, it wasn't until I went thru the WC website that I found the form with the instructions and realized I had been misinformed. I filled out the form and submitted it. I had my hearing this week but the judge said she had to dismiss the case because of the time limit, she also said I could ask my case to be reset to the calendar if I found an exception to the time requirement. This is what I am trying to do.

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If you had several attorneys, all of whom stood to gain if the claim was successful, tell you there isn't a case, believe them. As with any law there is the written law, then there is the way that law is typically applied. These may not be the same to a lay person reading the letter of the law.

 

What counts as an exception is best discussed with a lawyer in your area and practicing WC. Incompetent legal representation can be an exception but it is very rare and would be impossible to prove when you have multiple lawyers who told you that you have no case or a very weak one. Not being willing to expend time and effort on a Hail Mary case is very different from misrepresenting your legal options.

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