Work Injury Information

Statute of limitations on cases are important, because they provide a time limit in which the plaintiff can bring up a lawsuit. If this limit is not recognized or expires, the court can stop the case from being heard. In most cases, this barring is forever. The amount of time that the plaintiff has to sue can depend on a few factors that are important to understand. The work injury lawyers here at Gilbert, Blaszcyk & Milburn have years of experience working compensation cases and are well aware of the statute of limitations on cases. A consultation with us will further your understanding of this concept.

Statute of Limitations Determining Factors

There are various factors that can determine how the statute of limitations is determined. Some of these factors are:

  • Geographic Location
  • Type of Claim
  • Notification Period
  • Injuries to a Minor
  • Discovery of Harm

Based on these factors, the statute of limitations of your case will be determined. Understanding these factors will help you to determine the sort of case you have filed. Different states have their own statute of limitation laws, so going to a lawyer will help you conclude the validity of your case and if the duration after the injury has surpassed. We are well aware of the workers' compensation laws in New York State and the statute of limitations involved. We will guide you through this process.

Work injury Notification Period

To file a claim for workers' compensation, there is often a notification period for which this needs to happen. Typically that time frame is within 30 days. Proper notice to the employer is required in order to substantiate a claim for workers compensation benefits.

For minors, this changes and has some nuance. The statute of limitation laws do not begin until they are 18. So, if an injury occurs before that age, the limitations do not start to run down until they are of age. So, if a 16 year old gets injured and the state has a statute of limitations of three years, then he or she will have until 21 to determine if they wish to file for a lawsuit or not. 

Discovery of Harm

Actually discovering the injury can impact how long you have until you can file a case. In most cases, the statue of limitations begins when the victim first knew about the injury. This is essentially based on common sense and being reasonable. There is a time frame where it is expected that the victim should have known about the particular injury.

This can work in two ways. The first way is for an injury such as a fall. It is reasonable to assume that the day following the fall the victim should know if there is an issue. However, if the victim is slowly becoming sick through the breathing in of dangerous fumes or chemicals, then the time frame shifts to something further down the road. Perhaps when the symptoms begin to show themselves in a more prevalent manner.

Work Injury Information Withheld

One way where the statue of limitations is not expanded is if the victim intentionally withholds information or does not wish to seek treatment. There is a legal standard that a reasonable person would seek help shortly after being injured. Many workplace injuries, like falls, slips or injuries by machinery, are quite obvious in nature, so the discovery of it should not be too far after the occurrence.

Gilbert, Blaszcyk & Milburn have years of experience providing clients across Long Island and New York with the best in workers' compensation legal advice. For more information about any of our services, please contact us today with your concerns or give us a call at one of our four offices across Long Island. We have offices in Patchogue, Riverhead, Melville and Garden City. Upon your call you will receive a free consultation where will we provide you with the basic information concerning your case.