If you were injured in a construction accident, either as a worker or pedestrian, you may be able to seek compensation. However, you must file your claim by the appropriate deadline to be eligible. Missing a deadline could disqualify you from securing compensation from your employer or the at-fault party.
Different types of claims have different deadlines and statutes of limitations. Read ahead to learn how long you have to file specific construction accident claims in New York. Then, consult a Bronx construction accident lawyer to ensure you meet all the appropriate deadlines for your accident case.
Deadlines for Different Types of Construction Accident Claims in New York
New York has unique deadlines for construction accident claims compared to other states. Below are the deadlines to keep in mind for the various types of construction accident claims. Knowing more details about these will help you in pursuing the right type of case.
Workers’ Compensation Claims
If your construction accident happened while performing your job duties, you probably qualify for workers’ compensation benefits. You’ll need to notify your employer of your injury within 30 days. After notifying them, you have up to two years from the accident date to file a claim for workers’ compensation benefits.
You must notify your employer with a written report of your injury. Your employer may have you fill out an incident report with details of the accident, or they may be satisfied with a simple written communication.
Keep a copy of your communication in case your employer misplaces it. Also, don’t push the 30-day deadline; notify your employer immediately. Thirty days can go by quickly, especially when dealing with the aftermath of a serious injury.
Once you’ve notified your employer, file your claim as soon as possible. The New York Workers’ Compensation Board processed over 160,000 claims in 2022, and delays could impact your payout.
Third-Party Claims
You may need to file an insurance claim to seek compensation after a construction accident. For example, if you were a pedestrian who experienced an injury while walking past a construction site, you may file a claim through the construction company’s liability insurance policy.
The deadline to file a third-party insurance claim can be as soon as 30 days after the accident. The exact deadline depends on the insurance policy and the type of claim. Either way, filing your claim as soon as possible ensures the accident evidence is still fresh, supporting your claim.
Personal Injury Lawsuits
If you decide to pursue a personal injury lawsuit against your employer, the construction company, or a third party, you must adhere to New York’s statute of limitations. The deadline to file a personal injury lawsuit in New York is three years from the date of the accident.
Statutes of limitations are hard and fast rules. If you miss this deadline, you have a very low chance of being able to seek compensation through a lawsuit.
While three years may seem like a long time, it can go by in the blink of an eye when recovering from construction accident injuries. Talk to a New York construction accident lawyer now about whether legal action may be warranted in your case.
Wrongful Death Claims
New York has a separate statute of limitations for wrongful death claims. The deadline to file a wrongful death claim in New York is two years from the date of the victim’s death.
You may pursue a wrongful death claim against a construction company, general contractors, or another negligent party in a construction accident in which a loved one died from their injuries. In New York, the deceased’s spouse, parents, children, or estate representative can file a wrongful death claim.
Cases Involving the City or State
If you’re filing a claim against a government entity, such as the City or State of New York, you have a much tighter deadline. You must give the city written notice within 90 days of the accident. Then, you must file the claim within one year and 90 days of the accident.
You may file a claim against the City of New York if your construction accident involved a city vehicle or a city construction crew. In the chaos of your accident, you may not initially know all the parties involved. Many accident victims don’t realize the city was a party in their accident case until after the 90-day deadline has passed.
Hiring a construction accident lawyer ASAP can help you avoid missing important deadlines. Your attorney will quickly review the circumstances and parties involved in your accident case and keep you on track for compensation.
Exceptions to the Statute of Limitations in New York
There are a few exceptions to the statute of limitations for lawsuits in New York. You may be able to extend or “toll” the statute of limitations if any of the following are true:
- You were under 18 at the time of the accident: If you were not a legal adult when your construction site accident occurred, your statute of limitations may not begin until you turn 18.
- You were incapacitated: If you were physically or mentally incapacitated and unable to file a lawsuit for any time after your accident, you may qualify for an extension to the statute of limitations.
- The defendant was unreachable: If the at-fault party was outside the state of New York or living under a different identity for any period after your accident, you may be able to add that period to your three-year statute of limitations.
If you’ve already surpassed the statute of limitations for construction accident cases, talk to a construction accident attorney about whether any of these exceptions apply to your case.
Contact a Qualified NYC Construction Accident Lawyer for Assistance
Navigating accidents involving the construction industry can be overwhelming. Unfortunately, they are all too common, accounting for nearly 27% of work-related injuries in New York.
At Dervishi Law Group, P.C., we’re well versed in the complexities of construction accident cases. We’ll help you meet all relevant deadlines and improve your chances of securing maximum compensation from the at-fault party.
Schedule your free case evaluation today by calling 718-484-4757. Then, review the benefits of hiring a construction accident lawyer for more information.
Frequently Asked Questions
Here, our attorneys answer some of the most common questions we receive.
Can you file for workers’ compensation and sue your employer?
You generally cannot file for workers’ compensation and sue your employer. Accepting workers’ compensation benefits bars you from holding your employer directly liable for your injuries. If your employer violated OSHA standards or was directly responsible for your accident, you may want to pursue legal action instead of a workers’ compensation claim to maximize your compensation.
How common are construction accident fatalities?
Construction accident fatalities are relatively common, accounting for one in five workplace deaths in 2021. That same year, the construction industry accounted for 46.2% of all fatal slips, trips, and falls. Companies must follow construction safety protocols closely to prevent accidents.
Do you need a construction accident lawyer to seek compensation?
While you don’t need to hire a lawyer to seek compensation after a construction accident, doing so is wise. Your attorney can help you maximize your compensation, speak to all relevant parties on your behalf, prevent you from missing deadlines, and take the burden of your case off your shoulders.
Forgoing legal representation may compromise your case, as you can be sure the construction company will have aggressive attorneys on its side.
