Work Injury Information
Representation for work injuries Across Long Island
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
Various factors go into determining the statute of limitations. And these determinations play a role in whether or not you have a case for your work injury. 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 for your work injury 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 due to a work injury, 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 a work 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 a work 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 of the work injury 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. When you turn to us as your work injury attorney, we will help you fight for your case.
To help with every aspect of your case, documenting your work injury can be a simple way to make your case more compelling. Sure, you may think you have a great memory, but memories are not as reliable as notes. Especially notes that are written down with care. Be sure to properly date your notes and provide details, Any details that you think can help. When dealing with a work injury, it is important to cover all bases. You never know what sort of details can help to win your case.
Work Injury Representation
Gilbert, Blaszcyk & Milburn have years of experience providing clients across Long Island and New York with the best in workers' compensation legal advice for their work injury. 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.
- Patchogue (Main Office): 631-447-6500
- Riverhead: 631-421-4725
- Melville: 631-208-9760
- Garden City: 516-746-3400
Upon your call you will receive a free consultation where we can answer any questions you may have pertaining to your work injury.