How Long Do I Have to File a Construction Injury Claim?

How Long Do I Have to File a Construction Injury Claim?

Construction sites are among the most dangerous workplaces in the country. Every day, workers face risks from heavy machinery, falls from heights, electrical hazards, and more.

If you’ve suffered an injury on a construction job, you need to know that there are strict time limits for filing a claim. Missing these deadlines can mean losing your right to compensation forever.

Understanding when and how to file your construction injury claim is complicated, and the rules vary depending on your situation.

Having a Phoenix construction injury lawyer guide you through this process is vital to protecting your rights and getting the money you need for medical bills, lost earnings, and other damages.

Time Limits for Different Types of Construction Injury Claims

When you’re hurt on a construction site, you might have several different types of claims available. Each type has its own deadline, called a statute of limitations. These deadlines are strict, and courts rarely make exceptions.

Workers’ Compensation Claims

Workers’ compensation is typically your first option for recovering money after an injury if you’re a construction employee. Workers’ comp provides benefits regardless of who was at fault for your injury.

The time limit for reporting your injury to your employer varies by state, but it’s usually very short—sometimes as little as a few days. After reporting to your employer, you have a separate deadline for filing a formal workers’ comp claim, which ranges from one to three years depending on your state.

A construction injury lawyer in your state can make sure you meet all deadlines.

Personal Injury Lawsuits

Unlike workers’ compensation, personal injury lawsuits require proving that someone was at fault for your injury. While employees usually can’t sue their employers due to workers’ comp laws, you can sue third parties like:

• Property owners
• General contractors (if you work for a subcontractor)
• Equipment manufacturers
• Architects or engineers
• Other subcontractors on the site

The deadline for filing a personal injury lawsuit is typically longer than for workers’ comp claims, usually ranging from one to six years, depending on your state. Most states set this deadline at two or three years from the date of injury.

However, just because you have more time doesn’t mean you should wait. Evidence can disappear, witnesses’ memories fade, and waiting too long makes your case harder to prove.

Product Liability Claims

If your injury was caused by defective equipment or tools, you might have a product liability claim against the manufacturer. These claims also have their own statutes of limitations, usually the same as personal injury claims in your state.

Product liability claims can be particularly complex and often require expert testimony to prove that the equipment was defectively designed or manufactured. Your lawyer will need time to investigate and build your case, so contacting them soon after your injury is important.

Exceptions That Can Extend or Shorten Deadlines

While the basic statutes of limitations are straightforward, certain situations can affect filing deadlines. These exceptions might give you more time—or less—to file your claim.

The Discovery Rule

In some cases, you might not immediately know that you’ve suffered an injury or that your injury was caused by workplace conditions. For example, exposure to toxic substances might not cause detectable symptoms for months or years.

Many states apply a “discovery rule” that extends the statute of limitations to start when you discovered (or reasonably should have discovered) your injury and its connection to your work.

However, there’s often an outside limit on how long this extension can last.

Your lawyer can help determine if the discovery rule applies to your case and what deadline you need to meet.

Claims Against Government Entities

Special rules apply if your injury occurred on a government construction project or involved a government entity. Claims against government entities typically have much shorter deadlines—sometimes as short as 60 or 90 days to file a notice of claim.

These shortened deadlines make it especially important to contact a construction injury attorney quickly if your construction injury involves any government agency, whether federal, state, or local.

Tolling for Minors or Incapacitated Persons

If the injured person is a minor or is mentally incapacitated, many states “toll” (pause) the statute of limitations until the person turns 18 or regains capacity.

However, this exception rarely applies to workers’ compensation claims, which usually have fixed deadlines regardless of the injured worker’s status.

What Happens If You Miss a Deadline

Missing a filing deadline can have severe consequences for your construction injury claim. In most cases, if you fail to file within the statute of limitations, you lose your right to pursue that claim forever. Courts typically dismiss late-filed claims immediately, regardless of how strong your case might otherwise be.

For workers’ compensation claims, missing the deadline to report your injury to your employer might be excused if you can show good cause for the delay. However, missing the deadline to file a formal claim is usually fatal to your case.

The statute of limitations is a complete defense for personal injury and product liability claims. Even if the defendant was clearly at fault and you have serious injuries, a late-filed lawsuit will almost certainly be dismissed.

When Does the Statute of Limitations Begin?

Knowing when the clock starts running on your deadline is just as important as knowing how long you have to file. The rules can be surprisingly complex.

For most construction injuries, the clock starts on the accident date. If you fell from scaffolding on June 1, 2023, and your state has a two-year statute of limitations for personal injury claims, you would have until June 1, 2025, to file your lawsuit.

However, for injuries that develop over time, like repetitive stress injuries or illnesses caused by toxic exposure, the clock might start when:

• You first experienced symptoms.
• You received a medical diagnosis.
• You discovered (or reasonably should have discovered) that your injury was work-related.

The specific rule depends on your state’s laws and the type of claim you’re filing. A construction injury attorney can help determine when your clock started running and when your deadline will expire.

Why You Shouldn’t Wait Until the Last Minute

Even though you might have months or years to file your claim, waiting until the deadline approaches is risky for several reasons:

• Evidence deteriorates: Physical evidence from the accident scene might be cleaned up or altered. Equipment might be repaired or replaced. Waiting makes it harder to document the conditions that caused your injury.
• Witness memories fade: People who saw your accident or knew about unsafe conditions might forget important details over time. Some witnesses might move away or become difficult to locate.
• Documentation becomes harder to obtain: Records like incident reports, safety logs, and inspection reports might be archived or discarded after a certain period.
• Your own recollection weakens: Details about how your accident happened might become less clear in your mind as time passes.

Starting your claim promptly gives your lawyer the best chance to build a strong case. It also ensures that if any complications arise in the filing process, you still have time to correct them before the deadline expires.

How to Protect Your Rights After a Construction Injury

To preserve your right to compensation after a construction injury, take these important steps:

• Report your injury immediately: Tell your supervisor about it as soon as possible, even if it initially seems minor. Make sure the report is documented in writing.
• Seek medical treatment: Get medical care right away to protect your health and create records connecting your injury to your work.
• Document everything: If possible, take photos of your injuries and the accident scene. Keep a journal of your symptoms and how they affect your daily life.
• Identify witnesses: Make note of anyone who saw your accident or the conditions that caused it.
• Keep all paperwork: Save copies of accident reports, medical records, correspondence with your employer, and any other documents related to your injury.
• Contact a lawyer: Consult with a construction injury lawyer as soon as possible to understand your rights and ensure you meet all deadlines.

Taking these steps creates a strong foundation for your claim and helps ensure that you don’t miss any critical deadlines.

Third-Party Claims: A Crucial Opportunity

While workers’ compensation provides limited benefits, third-party claims can significantly increase your compensation. These claims allow you to recover for pain and suffering, lost earnings, and other damages not covered by workers’ comp.

On construction sites, multiple companies typically work side by side. It creates opportunities for third-party claims when someone other than your employer contributes to your injury. For example:

• A delivery driver from another company might cause an accident on the site.
• A different subcontractor might create a hazardous condition.
• The general contractor might fail to enforce safety standards.
• The property owner might neglect to warn about dangerous conditions.

These third-party claims have their own statutes of limitations, usually the same as your state’s deadline for personal injury cases. Identifying all potential third parties requires thorough investigation, which takes time—another reason to contact a lawyer early.

The Role of a Construction Injury Lawyer

Navigating the complex landscape of deadlines and claims after a construction injury is difficult without legal help. A lawyer who focuses on construction injuries can:

• Identify all potential claims and their deadlines
• Ensure proper and timely notification to all required parties
• Gather and preserve evidence before it disappears
• Interview witnesses while their memories are fresh
• Handle communications with insurance companies
• File all necessary paperwork correctly and on time
• Recognize when exceptions to standard deadlines might apply
• Coordinate between workers’ comp and third-party claims

Beyond meeting deadlines, a skilled construction injury attorney can significantly increase your chances of receiving full compensation. They understand how to value construction injury claims properly and can negotiate effectively with insurance companies.

How Insurance Companies Use Deadlines Against You

Insurance companies are well aware of the deadlines that apply to construction injury claims. Unfortunately, some use delay tactics designed to run out the clock on your claim. They might:

• Repeatedly request unnecessary documentation
• Take an excessive amount of time to process information
• Make unreasonably low settlement offers just before your deadline expires
• Suggest that you don’t need a lawyer, even though they have a team of attorneys

They hope you’ll miss a key deadline by dragging out the process or become desperate enough to accept a low settlement.

Your construction injury lawyer will keep track of all deadlines and move your case forward despite insurance company delays.