Deadlines to File a Work Injury Claim in New York

When you’ve suffered a catastrophic construction accident, the initial focus is on medical care and treatment. While you may not be in a condition to consider the legal aspects of your injury, under the New York statute of limitations, you have limited time in which to file a lawsuit.

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What Is the Statute of Limitations for Personal Injury Claims in New York City?

If you’ve been injured working construction in New York, there are four critical deadlines you need to be aware of:

  • Informing your employer: If you are seeking workers’ compensation benefits, you must notify your employer of an injury within 30 days of the incident.
  • Filing a workers’ compensation claim: As long as you’ve notified your employer on time, you then have two years to file for workers’ compensation benefits.
  • Filing a lawsuit: If you plan to file a third party lawsuit or were not covered by workers’ compensation and you plan to sue your employer, you have three years from the date of the injury to file your claim or lawsuit.
  • If a loved one has died on the job: If you have a loved one that has died while working construction, you have two years from the date of death to file a wrongful death lawsuit.

The statute of limitations starts on the date of the accident or injury. Ensure you undergo a full medical evaluation after an injury on the job.

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Exceptions to the Statute of Limitations

Under specific and rare circumstances, the statute of limitations may be modified, such as:

  • Injury or illness from long-term exposure: In some cases, injuries and illnesses occur gradually through absorption, inhalation, contact, injection, or infection. In these cases, you have three years from the date the injury or disease was discovered.
  • Suing a government entity: If your construction accident occurred as the result of negligence by a government agency or employee, you just 90 days to file a claim with the appropriate agency.

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Construction Accidents Are More Common Than You Might Think

According to the Occupational Safety and Health Administration (OSHA), one out of every five deaths in the workplace occurs on construction sites, with over 5,200 workers losing their lives each year. Further, construction workers are the third most likely to suffer an injury or illness that takes them off the job. Factually speaking, construction accidents, both fatal and nonfatal, happen every day of the week, 365 days per year.

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Why You Need an Attorney as Soon as Possible

Construction sites are, by their nature, rapidly changing environments, and critical evidence for your claim or your case can be lost in a matter of days. While your priority after an injury is the necessary medical care, your next step should be contacting a construction accident attorney. The earlier your attorney is involved, the more evidence can be collected and preserved. Eyewitnesses can be contacted and interviewed before they move on to another job and while their memories are fresh.

One of the key benefits of having a lawyer is peace of mind. When you’re recovering from an injury or grieving over the loss of a loved one, the last thing you need to be worrying about is legal filings. If our NY construction accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, take your case, you can be confident it will be managed with professionalism, exceptional legal skills, and dedication.

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Let Us Help You Today

Our team at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, is comprised of veteran trial lawyers who have spent the better part of 50 years protecting the rights of victims of construction injuries. Our attorneys routinely recover millions of dollars in compensation for our clients and hold records of the top jury verdicts awarded in New York City. We offer a no-cost initial consultation where we will answer your questions. If we represent you, you can be confident that we will devote all the needed finances and resources to seeking the maximum compensation. Contact us today at (212) 986-7353 for a free initial consultation.

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Our Construction Accident Case Results

$18 Million - Verdict for Construction Worker Who Fell from a Defective Scaffold

The laborer fell three stories from a defective scaffold and suffered comminuted fractures of his left calcaneus, osteomyelitis in the left heel and a painful neuroma in his foot.

Philip Russotti

$11.76 Million - Labor Law Construction Accident with Single-Level Lumbar Fusion

Frank Lombardo obtained $11.76 million in Queens County for a seriously injured Union Local No. 1 journeyman plumber.

Frank Lombardo

$11.1 Million - NY Construction Worker Fell from Ladder

Phil Russotti obtained an $11.1 million verdict in Queens County Supreme Court, for a 53 year old man who was injured on a construction site at a New York City High School.

Philip Russotti

$8.2 Million - New York Construction Worker Paralyzed in Fall

Plaintiff, a 40 year-old, undocumented immigrant from El Salvador, was working off the books for a roofing contractor when he fell through a hole in the first floor of a one family home he was working in.

Kenneth Halperin, Philip Russotti

$7.25 Million - Defective Scaffolding Injury in New York

Wingate, Russotti, Shapiro, Moses & Halperin, LLP partners Phil Russotti and Ken Halperin settled the case of a union-affiliated painter in his 40s, who was injured while working at a chemical storage facility.

Kenneth Halperin, Philip Russotti

$6.5 Million - Carpenter Injured from Fall at Jobsite

David M. Hoffman obtained a settlement of $6,500,000 for a client who was injured in a fall on a jobsite resulting in suffered serious and permanent trauma to his head.

David Hoffman

$5.75 Million - Day Laborer Injured at Construction Site

Day Laborer Injured at Construction Site

Bryce Moses, Mitchell Kahn

$5 Million - Staten Island Construction Worker Killed When Trench Walls Collapse

Clifford Shapiro and Kenneth Halperin worked together to obtain a $5,000,000.00 settlement for the family of a construction worker who was killed while working in a trench at a construction site on Staten Island.

Clifford Shapiro, Kenneth Halperin

$4.5 Million - Non-Union Laborer Injured in Construction Site Fall

Attorneys obtained a pre-trial settlement in the amount of $4.5 million for a non-union laborer who fell through an opening on the first floor into a cellar below a Manhattan high-rise building under construction.

Noah Katz, Kenneth Halperin

$4.27 Million - Paralyzed Construction Worker

Bryce Moses conveyed to the jury that the landowners were responsible for the accident and was able to obtain $4.27 million dollar recovery despite the fact there was only 4 Million Dollars in insurance coverage.

Bryce Moses

$4.1 Million - Construction Site Ladder Fall

WRSMH partners Mitchell Kahn and Kenneth Halperin obtained a $4,100,000.00 settlement for a 44-year-old Carpenter who was injured while working at a construction site.

Mitchell Kahn, Kenneth Halperin

$4 Million - Plumber Injured in a Construction Accident

The plaintiff suffered a concussion as well as lumbar and cervical herniations as the result of his workplace accident.

Philip Russotti, Kenneth Halperin,Mitchell Kahn

$3.85 Million - Demolition Worker Struck By Overhead HVAC Unit

Cliff Shapiro and Noah Katz together represented a construction worker who was struck by an air conditioning unit, causing injuries requiring surgery.

Clifford Shapiro, Noah Katz

$3.8 Million - Plaintiff Slipped and Fell Off Elevated Window Sill

Frank Lombardo obtained $3.8 million for a construction worker who was seriously injured in a workplace slip and fall accident.

Frank Lombardo

$3.75 Million - New York Construction Accident Case

WRSMH partners, Philip Russotti and Kenneth Halperin settled the construction accident case at mediation for our client who was a 50 year old bricklayer.

Philip Russotti, Kenneth Halperin, Mitchell Kahn

$3.75 Million - Laborer Injured During Demolition

Our client was injured on February 23, 2012, during the demolition of a sidewalk in front of a large building. As a result of the accident, he had a cervical fusion, a lumbar fusion, and a left knee arthroscopy.

William Hepner

$3.5 Million - Local 147 Union Construction Worker Hurt in Scaffold Accident

Our client was a member of Local 147, who was seriously injured when he fell from a poorly construction scaffold.

William Hepner

$3.5 Million - Laborer Fell From Ladder While Painting Fire Escape

Frank Lombardo obtained $3.5 million for a non-union laborer who was injured after falling from a ladder while painting.

Frank Lombardo

$3.375 Million - Non-Union Laborer Sustained Injuries From Scaffold Fall

Frank J. Lombardo handled this case through the discovery phase of the lawsuit and settled it at private mediation for $3.375 million, prior to it being calendared for a jury trial.

Frank Lombardo

$3.2 Million - Union Worker Falls from Scaffold

Bill Hepner obtained a $3.2 million settlement at mediation for our client, a member of the Pointers Cleaners and Caulkers Union – Local 1, who was injured when he fell from a scaffold while doing his job.

William Hepner

Click here to see more NY Construction Accident Verdicts & Settlements