In New York, how long you have to file a legal claim after a construction injury depends on the type of case you pursue. If you’re filing a personal injury lawsuit against a negligent third party, you generally have three years to take legal action. If the claim involves a wrongful death, the deadline is usually two years.
If you’re seeking workers’ compensation benefits, the rules are different: you must generally notify your employer within 30 days of the injury and file your workers’ compensation claim within two years.
An experienced Long Island construction accident lawyer will determine the path you should pursue for compensation and the deadline that applies to your case.
The Statute of Limitations for Personal Injury Lawsuits in New York
New York has a deadline called the statute of limitations for taking legal action against the at-fault party. According to N.Y. C.P.L.R Law § 214, you generally have three years to file a personal injury lawsuit after a construction accident.
If you miss the deadline, you will likely lose your chance to recover compensation for your construction accident-related losses. The sooner you contact a Long Island personal injury lawyer, the more time they have to work on your claim.
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Wrongful Death Lawsuits After a Fatal Construction Accident
If a loved one dies in a construction accident in New York, the family generally has two years from the date of death to file a wrongful death lawsuit. These cases must be brought by the personal representative of the deceased person’s estate, not by individual family members on their own.
While two years may seem like a long time, take action as soon as possible. Evidence from a construction site can disappear quickly as work continues, equipment is moved, and subcontractors change. Witnesses may also be hard to locate later.
Suing the Government After a Construction Accident in New York
If your construction accident involves a government employee or agency, the rules for filing a lawsuit are different and stricter. In New York, lawsuits against the state or certain state-related entities must be filed in the Court of Claims.
For these cases, you must meet tight deadlines: you need to file a Notice of Claim within 90 days of the accident with the government agency you may want to sue. After that, you generally have one year and 90 days from the date of the accident to file the actual lawsuit.
Because lawsuits against government entities can be complicated, and missing deadlines can prevent you from recovering any compensation, consult an attorney early. Acting quickly ensures that evidence is preserved and your legal rights are protected.
How Workers’ Compensation Deadlines are Different
Workers’ compensation claims in New York have their own deadlines that are different from personal injury lawsuits. You must notify your employer within 30 days of your construction accident. After that, you generally have two years to file a workers’ compensation claim with the New York State Workers’ Compensation Board.
Workers’ compensation provides benefits for medical expenses, lost wages, and rehabilitation, but it does not cover pain and suffering. Personal injury lawsuits, on the other hand, can seek broader damages from parties other than your employer.
Filing a workers’ compensation claim does not extend the deadline for a lawsuit. Even if you submit a workers’ comp claim, you must still follow the strict time limits for personal injury or wrongful death lawsuits to preserve your right to additional compensation.
How a Construction Injury Lawyer Can Help
A Long Island work injury lawyer can guide you through the complex process of seeking compensation after an accident and file your claim on time. They provide support in several key areas:
- Navigating deadlines: Ensure that everything is filed within New York’s strict time limits.
- Investigating liability: Determine who may be responsible for the accident, including contractors, property owners, or equipment manufacturers.
- Identifying potential defendants: Make sure all parties who could be held accountable are included in your claim.
- Handling insurance companies: Communicate with insurers on your behalf to protect your rights and prevent unfair settlement offers.
- Maximizing compensation: Use evidence, medical records, and legal strategies to pursue the full amount of damages you may be entitled to.
A Work Injury Lawyer Will Help You File a Claim After a Construction Accident in NY
Time is not on your side after a work injury. At Chaikin Trial Group Personal Injury Lawyers, we treat every construction injury case in NY with urgency and care. Our team has recovered over $100 million for our clients, and we continue to win big cases. Our team does not handle any workers’ compensation claims; we only focus on lawsuits after a work injury.
We handle each case with immediate attention, careful investigation, and strategic planning to protect your rights. From documenting the accident to gathering medical records and identifying responsible parties, we make sure nothing is overlooked. Our goal is to give you the best chance to recover the compensation you deserve while you focus on healing.
Schedule a free consultation today.