Do I Need to File a Worker’s Compensation Claim if I’m Injured on a Construction Site?

The construction industry is one of the most profitable in the United States. Those high earnings come with a price, though, which is a high safety risk. The Occupational Safety and Health Administration (OSHA) has reported year after year that the construction industry sees more workplace accidents than any other in the private sector.

Employers have a responsibility to provide a safe workplace in the state of New York. If you were hurt while working on a construction site, you should be compensated for your injuries. For more insight into whether you need to file a worker’s compensation claim, read on for more details.

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New York’s Statute of Limitations

If you were injured while working on a construction site in New York, you must file a claim for worker’s compensation as soon as possible. The state of New York has a strict time limit for when injured workers can file a claim for compensation for their injuries. If you wait too long, you might miss your window of opportunity for relief. The following details time frames for reporting various injuries that can occur on a construction site in New York:

close up of a person standing on a ladder

On-the-Job Injuries

If you were hurt on the job while working at a construction site, don’t waste time waiting to report the accident. New York injury law allows 30 days from the occurrence of your on-site injury before it’s too late to receive compensation. If the initial injury subsequently resulted in further damage to your body, then you have up to two years to file a claim.

For example, if you fell while working on a construction site because of an unsteady ledge, you would report that fall immediately. If three months go by and you notice you’ve been experiencing prolonged back pain because of this fall, it’s your legal right to file a claim for compensation because you’re within your two-year window of time. It goes without saying that the sooner you file, the better your chances of receiving a favorable outcome.

Work-Related Illnesses and Injuries

For illnesses and injuries that are not so easily diagnosed and take time to fully come into effect, workers have two years to file a claim for compensation. Many times when you’re working with chemicals that are harmful to breathe or engaging in repetitive motions that can cause a stress injury, you may not know you’re hurt until months or years later. Because of this, New York allows workers to file an action two years from the day that you should have known this task was causing you to become injured or ill.

The New York State Workers’ Compensation Board states that workers have:

  • Two years from the date of the disabled worker’s disability; or
  • Two years from the time the disabled worker knew or should have known that the disease was due to the nature of employment.
rendering of a person holding their knee in pain with the leg bones highlighted
rendering of a person holding their knee in pain with the leg bones highlighted

Work-Related Illnesses and Injuries

For illnesses and injuries that are not so easily diagnosed and take time to fully come into effect, workers have two years to file a claim for compensation. Many times when you’re working with chemicals that are harmful to breathe or engaging in repetitive motions that can cause a stress injury, you may not know you’re hurt until months or years later. Because of this, New York allows workers to file an action two years from the day that you should have known this task was causing you to become injured or ill.

The New York State Workers’ Compensation Board states that workers have:

  • Two years from the date of the disabled worker’s disability; or
  • Two years from the time the disabled worker knew or should have known that the disease was due to the nature of employment.
sad elderly couple

Occupational Hearing Loss

Workers who experience hearing loss from tasks on-the-job may not be aware of their condition until they’re removed from that situation. That is often the case for construction workers who are around loud drills and saws day in and day out. That’s why New York’s time limits are different regarding compensation from occupational hearing loss. The law allows workers 90 days from the time that they leave a company or are away from the noise to file a claim for compensation.

Why Reporting an Accident Must Be Done Promptly

If you’re injured on a job, it’s imperative that you file a claim in a timely manner. Failure to do so jeopardizes your right to collect benefits and compensation for the injury. If you were hurt from an accident on a construction site that you didn’t think was serious enough to report, then later realized you needed surgery from that fall – you won’t receive any help or compensation for that surgery if you wait longer than a month to report it.

The Barnes Firm Helps Injured Workers

Workers’ compensation laws are incredibly complex in New York. Many times, workers who are hurt on-the-job are unsure of what their legal rights and responsibilities are. If you were injured while working on a construction site, you must not delay in reporting your condition to your employer.

Construction sites are extremely hazardous places to work that require workers to be continuously vigilant about what’s happening around them. Employers in the construction industry are responsible for providing safety gear and equipment that helps to prevent injuries from occurring on site. If your employer fails to take these necessary safety measurements, contact a trusted personal injury attorney to help.

The Barnes Firm is dedicated to helping injured victims get the best results possible after being in an accident. With our knowledge of New York’s injury laws, we aggressively advocate for our clients when they’ve been hurt. No matter how mild or serious you believe your injury to be, our strong team of legal professionals can help.

To learn more about how we can help you get relief from your construction site injury, complete an online contact form or call us at (800) 800-0000. Our lawyers are available 24/7, and the consultation is free.

The Barnes Firm (800) 800-0000