Injured workers have a limited amount of time in which to get payment for an on-the-job injury. The time limits in these cases, known as the statute of limitations, varies depending on who is at fault and how the victim is seeking compensation. If the victim does not file a claim within the timeframe, he can be barred from collecting payment.
Time Limits on Filing a Construction Accident Case in New York City
Each state has its own statute of limitations for construction accident lawsuits and workers’ compensation claims. Many different factors play a role in how long you have to file a claim for injury compensation. For example, the time limit for filing a claim in New York is different for:
- Personal injury cases. If you are filing a construction site injury lawsuit against the owner of the property, the general contractor, a subcontractor, or another party, you have three years from the date of the accident to file a negligence claim.
- Death claims. Construction accident lawsuits involving the death of an employee have a smaller window of time than injury claims. Family members must file a lawsuit within two years from the date of the accident or the date of death to collect compensation.
- Workers’ compensation. In order to get workers’ compensation, injured employees must report a construction accident injury within 30 days of the accident. Workers who have suffered an occupational illness must notify an employer within two years of the date of diagnosis or the date on which you learned that the disease could be work-related.
- Cases involving the city or state. If you are filing a case against a state agency, public authority, or other government entity in New York, you must notify the agency of your intentions within 90 days of the accident and file the lawsuit within 1 year and 90 days of the accident.
Even if you have a year or more to file your claim, it is best to file as soon as possible. The longer you wait, the more evidence could be lost or destroyed—weakening your case and lengthening the amount of time you will wait for compensation. You owe it to yourself to speak with the experienced New York and New Jersey injury lawyers of Hofmann & Schweitzer as soon as possible. We can examine the details of your claim and send letters to ensure that the evidence in your case is preserved. Please contact us online or call us directly at 800.362.9329 to schedule your free consultation.