Construction workers are at higher risk of sustaining serious injuries. According to labor statistics, hundreds do every year in the State of New York.
The results of a construction site accident can be catastrophic for people's physical and mental well-being and quality of life.
Someone injured on a construction site may be eligible to file a personal injury claim, but they need to understand the time limit restrictions that apply to any legal action.
The statute of limitations for construction accidents limits how long a person has to claim compensation.
Each state has its own rules, so it is crucial that an injured party knows their legal rights and act quickly with the help of an expert attorney to avoid missing the deadline. They have information on the pedestrian accident statute of limitations in New York as well.
What Is the Construction Accidents Statute of Limitations in New York State?
There are various deadlines to consider for construction accident claims in New York. It depends on:
The circumstances of the accident
Who the claim is made against
What types of harm are inflicted
Here is the key information those who suffer construction site injuries need to know.
Workers' Compensation Claims
Every for-profit company is required by law to have workers' compensation coverage. Construction sites are particularly high risk, so all employers must have a policy.
These benefits pay out in some situations where a construction worker is injured on the job. It covers medical expenses (to a point), lost wages, and lost future income as a result of the injury.
Anyone filing a workers' compensation claim must notify their employer of their intentions within 30 days of the accident or incident.
After notifying the employer, the injured party has two years to officially file a workers' comp claim.
Third-Party Lawsuits and Insurance Claims
If workers' compensation is not applicable for whatever reason, or a person decides to sue their employer instead, the New York statute of limitations for a construction accident claim or lawsuit is three years from the date of the incident.
This includes claims from non-workers injured on a construction site and are suing for negligence under premises liability.
Wrongful Death Claims
In tragic cases where construction accident injuries are fatal, victims' families can sue the negligent party through a wrongful death lawsuit.
If someone dies on the job, their loved ones have two years from the date of their passing to begin the legal process.
These are often particularly complex cases- with less time to file. Because of this, families must work with a dedicated and powerful legal team from the beginning.
Important Exceptions to Be Aware Of
Some cases have special circumstances that alter the statute of limitations- making it longer or shorter. These exceptions are important to understand to avoid confusion.
Claims Against a Government Agency or Entity
Construction injuries caused by the negligence of a government entity do not have the same rules as claims against private companies. In these situations, claims must be filed with the relevant agency within 90 days of the accident.
The Discovery Rule
Not every construction accident injury is immediately apparent. One of the most prominent examples is the gradual development of an injury or illness due to repetitive strain or prolonged exposure to dangerous elements.
If someone becomes ill as a result of their time on a construction site, the statute of limitations begins from the date that the illness was discovered.
This is known as the discovery rule. It also applies to injuries that do not obviously present themselves until after the fact.
The statute of limitations in these cases is three years- but with a delayed start date based on the official discovery of the problem.
Establishing this date is not always straightforward, so it is a good idea to bring an attorney on board as soon as possible. They can also help with the wrongful death statute of limitations in New York.
Why Is the New York Construction Accident Statute of Limitations Important?
New York applies a statute of limitations to any construction accident lawsuit to minimize complications and give everyone the best chance in their case.
Leaving things for too long leads to missing information, irrelevant claims, and difficulties securing evidence- ultimately making it significantly more difficult to have a fair and accurate legal process.
With time, companies change hands, people relocate, witnesses forget details, and physical evidence becomes compromised- and the entire case grows unfortunately irrelevant in the eyes of the court.
Three years is ample time in which to build a case and seek compensation, but not so long that it gets difficult to ensure accuracy. It also means that injured victims recover compensation sooner, and the people responsible are there to be held accountable for their negligent actions.
Additionally, it is important to understand and respect the statute of limitations for construction accidents in New York to avoid missing the chance to recover damages.
Remember- the deadlines are different for workers' compensation and third-party insurance claims, and there are other exceptions to keep in mind.
What Happens If Construction Accident Victims Miss the Deadline?
No personal injury lawsuit can be filed after the statute of limitations expires, construction-related or otherwise.
Although a person can still claim compensation from a third-party insurance company, they cannot take the case to court if they do not reach an agreeable settlement.
Because there is no longer the threat of a court case, most insurance companies will offer significantly less (or nothing at all) to injured people claiming after a construction workplace accident.
Winning maximum compensation becomes all but impossible at that point. For more information, Long Island construction accident lawyers may be able to help.
Work With a Specialist Construction Accident Attorney who Fights for Justice
Any person who sustains a construction site injury in New York should contact an experienced personal injury attorney as soon as possible to begin proceeding.
That way, they have a head start and plenty of time to prepare, build, and fight their case before the deadline approaches.
The Law Office of Carl Maltese offers an elite legal service from passionate, expert attorneys who fight for victims efficiently, swiftly, and relentlessly.
Contact the team today to arrange a free consultation regarding a construction accident personal injury case. Don't wait for justice- act quickly and recover the financial compensation owed.