How Long Do I Have to Sue for Work-Related Injuries?

In every state except Texas, state laws require employers to carry workers’ compensation insurance, which provides benefits to workers for on-the-job injuries or illnesses. Since injured employees obtain compensation from employer-sponsored insurance, they may not sue their employers unless a third party, not affiliated with your employer, was negligent and caused your injury. In this case, you can file a personal injury claim or lawsuit against that party.

The technical requirements when suing a third party for a work-related injury can affect the outcome of your case. One requirement is the statute of limitations, which determines the maximum time the parties involved in a claim can file a lawsuit. For instance, California residents who sustain work-related injuries due to third-party negligence must file a lawsuit within two years from the date of accident or injury discovery.

Never wait to begin working with a trusted personal injury attorney to pursue compensation for your injuries. We can help determine when you can seek additional compensation from a third party to maximize the financial recovery you receive.

How Long Do I Have to Sue for a Work Injury?

Each state has enacted a statute of limitations determining how long parties to a claim can file a lawsuit. The answer to how long you have to sue a third party for a work injury depends on the applicable statute of limitations.

Here are the applicable statutes of limitations in California and New York:

• Statute of limitation in California: You have two years from the date of injury to file a lawsuit for a work-related injury. If you did not discover the injury right away, you have one year from the date of discovery.
• Statute of limitation in New York: You have three years from the date of a work-related injury to file a lawsuit. According to state law, if you fail to file a lawsuit within three years, you will likely be barred from filing a case in court.

Exceptions to Statute of Limitations

Discovery rule

The discovery rule affects the window of opportunity to file a lawsuit for a personal injury. In some cases, symptoms of an injury may not be apparent when it first occurred.

The statute of limitations begins to apply when the injury was discovered or should have been discovered. For example, if a slip-and-fall victim discovers a nerve injury one year after the incident, the statute of limitations starts to run on the day of discovery.

Minors

In New York, if the injured victim was a minor, they may have up to three years to file a lawsuit after they have reached the age of majority. In California, the statute of limitations is also suspended for a minor. Then, it begins to run again once they turn 18, giving them an additional two years to file a claim.

Your Right to Compensation After a Workplace Accident

Most states, including California and New York, require employers to carry workers’ compensation insurance. Any employee who sustains a workplace-related injury or illness is entitled to this compensation. Although workers’ compensation rights vary from one state to another, most injured workers have universal rights to benefits.

Personal injury law also gives injured individuals the right to seek compensation from negligent parties who contributed to their accidents and injuries. For example:

• Manufacturers of defective equipment
• Contractors who were unsafe on a jobsite
• Drivers who hit road workers

You have the right to seek compensation from such parties in addition to the workers’ compensation benefits you deserve from your employer’s insurance coverage.

Can I Sue My Employer After a Work Injury?

When workers have access to the benefits of workers’ compensation insurance, the law prohibits them from suing their employer for their injuries – even if the employer was negligent. Even so, there are two primary exceptions:

• Employees Who Are Not Covered: California workers’ compensation does not cover independent contractors, railroad employees, harbor workers, and seamen. Since you’re ineligible for workers’ compensation insurance in your state, you may obtain compensation by filing a personal injury lawsuit against your employer.
• When Wrongfully Denied Workers’ Compensation Benefits: If you have a valid workers’ compensation claim, your employer must pay it. However, if your valid claim is rejected, you could file a personal injury lawsuit against your employer.

How Soon Do I Have to Report a Work Injury?

You can only obtain workers’ compensation insurance benefits once you inform your employer about the incident. Ideally, employees should report work-related injuries to their employers immediately.

• In California, you must report a workplace injury within 30 days of the incident and file a workplace compensation claim within a year.
• In New York, you must also inform your employer about the injury within 30 days. Then, you should fill out Form C-3 for a workers’ compensation claim and send it to the local board within two years after sustaining the injury.

When filing a third-party claim, you do not have to report the injury to your employer, but it can help your claim. Also, you should have a prompt medical diagnosis and hire a personal injury attorney to notify insurance companies as soon as possible.

How Long Do I Have to File a Personal Injury Lawsuit?

You have a limited time to file a personal injury lawsuit or bring a claim against an at-fault third party. You must bring the lawsuit before the expiration of the applicable statute of limitations. Consulting with a personal injury attorney immediately after the accident will help you meet all the deadlines in your case, including the statute of limitations.

In other instances, your case may have an extension of the statute of limitations, which could give your case an additional window to file a lawsuit. Never assume an exception applies without advice from an attorney.

Hurt on the Job? Contact a Personal Injury Lawyer from The Barnes Firm

A personal injury attorney from The Barnes Firm can represent you following a workplace injury, identifying all sources of compensation and applicable deadlines for third-party lawsuits. Contact us online or at (800) 800-0000 for a free case evaluation.

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Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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