How long do I have to sue for work-related injuries?
When you get hurt at work, one of the first questions you might ask is, How long do I have to sue for work-related injuries? Knowing your time limits is crucial because missing a deadline can result in forfeiting your right to compensation. Generally, the time frame for suing is referred to as the “statute of limitations,” which varies by state but is typically one to three years from the date of the injury. In this blog, we will break down everything you need to know to protect your rights.
Key Information About Filing Lawsuits for Work-Related Injuries
Filing a lawsuit for a work injury can be overwhelming when you’re already dealing with pain, stress, and lost wages. Knowing the basics of when and how to file is the first step to protecting your legal rights. The system has a strict time limit so delays can result in the loss of your entire case.
In most cases, the type of injury, the circumstances of the incident, and who was at fault will determine the best course of action. Some cases are straightforward workers’ compensation claims, while others may involve third-party lawsuits. Acting quickly and understanding your legal options is key to avoiding missed deadlines.
It’s also important to realize that even if you file a workers’ comp claim first, you may later find out another party was negligent. Knowing all the possible paths of legal action early on gives you the best chance of full recovery, medically and financially.
Time Limit for Workplace Injury Lawsuits
Every state has its own rules regarding the timeframe for filing a lawsuit by injured employees. These time limits ensure claims are made while evidence is still fresh and reliable.
The statute of limitations for work-related injury lawsuits typically ranges from one to three years. In most states, if you don’t file a claim within that time frame, you may lose your right to compensation altogether. Some states have shorter deadlines for specific types of claims, like those involving government entities.
Note: that some workplaces require internal reports within days or weeks of an injury. Always document your injury quickly and consult a legal expert if needed.
Exceptional Circumstances That May Extend Your Filing Time
Sometimes the clock doesn’t start ticking right away after your injury.
If you didn’t discover your injury right away (like repetitive stress injuries or chemical exposure), the filing period might start from the date you realized you were harmed, not the date you were exposed.
If you were mentally or physically incapacitated after the injury, you might be allowed extra time to file your claim.
If a third party, such as a machine manufacturer, contributed to your injury, you may have more time to file a lawsuit against that party than you do to file a claim against your employer.
Workers’ Compensation Deadlines and Lawsuits
Instead of suing, many injured workers file a workers’ compensation claim for workplace injuries. Workers’ comp claims have much shorter deadlines, usually between 30 and 90 days after the injury.
Filing late can disqualify you from significant benefits, such as wage replacement and medical care.
However, if your employer was negligent or workers’ compensation doesn’t fully cover your losses, you may still have grounds to sue separately. Knowing these deadlines ensures you don’t miss out on any compensation you are entitled to.
Time is of the Essence After a Work Injury
Waiting too long can hurt your case and your chances of getting paid.
If you miss the deadline to file, courts will likely dismiss your claim, meaning no payment for your medical bills, lost wages, or pain and suffering.
Plus, evidence disappears over time. Witnesses forget details, and records get lost. Taking action early preserves your rights and significantly strengthens your case.
Get Help for Work Injury Claims
Reaching out to a work injury attorney soon after your accident can help your case.
A lawyer will ensure that all deadlines are met, help gather substantial evidence, and negotiate more favorable settlements with insurance companies or employers.
Most injury lawyers offer free consultations, so there’s no risk in talking to one early to learn your options.
Yes, there is a time limit, known as the statute of limitations, for filing injury claims. It typically ranges from one to three years, depending on the state and type of injury.
For work injuries, acting quickly is crucial to preserving your rights. Missing the deadline can result in losing all chances for compensation.
In New York, you must file a workers’ compensation claim within two years of your injury or discovery of a work-related illness.
You also need to submit Form C-3 to the Workers’ Compensation Board within this time.
Act fast, because delays can weaken or disqualify your claim.
Always report your injury to your employer first before filing.
You must notify your employer within 30 days of the injury happening in New York.
Failing to do so can risk your eligibility for workers’ compensation benefits.
It’s best to provide written notice, even though verbal notice is accepted.
Quick reporting helps secure your medical care and protects your rights.
