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What Is The Time Limit For A Work Related Injury?

/ Construction Accidents, Personal Injury /

NEW YORK – Workplace injuries are often complicated – but they don’t have to be! Many injured workers ask our New York construction accident lawyers, What Is The Time Limit For A Work Related Injury?

Legally speaking, each state has a law called a Statute of Limitations which tells an injured person how long they have to file a personal injury claim. Workplace injuries are no different.

What Is The Time Limit For A Work Related Injury?

Workers usually have two years after the date of the accident to file a personal injury claim. However, there are some exceptions:

  • If the insurance company has already provided some medical benefits.
  • If the employer has already paid for or provided medical benefits.
  • The accident happened in a different state.

Each state has its own unique statute of limitations which tell workers how long they have to file a personal injury claim for a work related injury:

Alabama 2 years from the date of accident OR 2 years after the last compensation payment
Alaska 30 days notice
Arizona 1 year of the date of accident
Arkansas 2 years of the workplace accident OR 1 year after the last compensation payment
California 1 year from the date of accident
Colorado 2 years from the date of accident
Connecticut 1 year from the date of accident OR 3 years after the first signs/symptoms of a workplace injury/illness
District of Columbia 1 year from the date of accident
Delaware 2 years from the date of work zone accident OR 5 years after the last compensation payment
Florida 2 years from the date of accident OR 1 year after the last compensation payment
Georgia 1 year of the accident
Hawaii 2 years after first symptoms of injury or illness AND within 5 years after the date of the accident
Idaho No time limit OR within 1 year after the last compensation payment, if paid for more than 4 years
Illinois 2 years after the last worker’s compensation payment OR 3 years from the date of injury
Indiana 2 years from the date of construction accident OR 2 years after last worker’s compensation payment
Iowa 2 years from the date of accident OR within 3 years after last worker’s comp payment
Kansas 200 days after the accident OR 200 days after last benefits payment
Kentucky 2 years after the initial injury OR last payment of benefits
Louisiana 1 year after the date of injury OR 1 year after symptoms develop… but no later than 2 years after a construction accident
Maine 2 years after employer’s deadline to file a First Report OR 2 years after the date of injury if no First Report was filed
Maryland 2 years after a workplace accident OR within 18 months after a work-related fatality OR within 1 year after symptoms of illness
Massachusetts 4 years after injury or illness symptoms manifest
Michigan 2 years after a workplace accident
Minnesota 3 years after a First Report of Injury is filed with the Minnesota Dept. of Labor and Industry OR within 6 years of the injury
Mississippi 2 years after a work accident OR 1 year after filing of Form B-31 OR 1 year after a claim denial
Missouri 2 years after a construction injury OR 1 year after the last disability payment
Montana 1 year after an accident OR within 2 years of first diagnosis/symptoms of illness
Nebraska 2 years after the accident OR 2 years after the last payment of compensation
Nevada 90 days from the accident date. Note: You must file a Form C-4, and have the medical provider sign and date it within this time frame
New Hampshire 2 years after the accident
New Jersey 2 years after a workplace or construction injury OR 2 years after the last worker’s comp payment
New Mexico 1 year after the insurance company has started to pay you OR 1 year after a claim is denied
New York 2 years after the accident OR 2 years after the last payment of worker’s compensation
North Carolina 2 years after the date of an injury. Note: Form 18 must be filed with the state’s Industrial Commission within this time frame
North Dakota 1 year from the date of a workplace accident or construction injury
Ohio 2 years after a construction accident or workplace injury OR 2 years after first injury symptoms OR 6 months after an illness is diagnosed
Oklahoma 2 years after an accident OR 2 years after the last worker’s compensation payment
Oregon 2 years from the date of the accident OR 180 days after a claim is denied
Pennsylvania 3 years after an injury OR 300 weeks after the last exposure for occupational disease claims
Rhode Island 2 years after a construction accident or workplace injury
South Carolina 2 years after an accident or the date the injury was diagnosed/discovered
South Dakota 1 year after an accident
Tennessee 1 year after the date of an injury. Note: Form C40B must be filed
Texas 1 year after an injury is diagnosed
Utah 1 year after the accident
Vermont 6 months after a construction accident or work zone injury. Note: if employer had knowledge of an injury, deadline can be extended
Virginia 2 years after an accident
Washington 1 year after a work injury
West Virginia 6 months after a work or construction accident OR 3 years after a worker was exposed to an occupational disease
Wisconsin 2 years after a worker has been injured OR 12 years if the employer knew or should have known about the injury
Wyoming 1 year after the accident date OR 1 year after a injury diagnosis

The New York construction accident lawyers at Cellino & Barnes say worker’s compensation is often complicated, no matter what state the accident happened in. If you’ve been injured on the job, talk to an experienced personal injury lawyer for FREE.

If you have any questions about your injury, the insurance company, worker’s compensation. or state laws, our team is here to help 24/7.

Call us for a FREE consultation.

Cellino & Barnes (800) 888-8888

New York Bus Accident Shuts Down Lincoln Tunnel

/ Bus Accidents /

Buses in traffic

NEW YORK – More than 30 people were injured in a New York Bus Accident that forced authorities to shut down the Linocln Tunnel on Friday.

According to FDNY, the accident happened during the morning commute in the center tube of the tunnel. Two New Jersey Transit buses collided, injuring dozens of passengers.

At least seven people were rushed to area hospitals with serious, but non-life threatening injuries. Police shut down the inbound lanes of the tunnel to allow first responders to gain access to the accident scene. Investigators were also set to review surveillance video, according to Fox 5 News.

This week’s Lincoln Tunnel accident is just the latest of several recent high-profile accidents involving New Jersey Transit buses.

According to a New York bus accident lawyer, an extensive legal investigation should be conducted help these victims gain closure, and find out exactly what happened to cause their bus to crash into another vehicle.

An independent investigation could help Lincoln Tunnel bus accident victims get compensation for their injuries when they file a personal injury claim. Some key pieces of evidence a legal investigation could uncover include:

  • Bus maintenance records
  • Driver records
  • Potential safety violations
  • Light and roadway malfunctions

Some of these may have played a role in Friday’s Lincoln Tunnel bus accident, and it will

be important for investigators to look at all possible causes, as that evidence could help victims get significant compensation for their injuries.

Typically, a personal injury settlement or verdict will help New York bus accident victims get compensated for any costs associated with the crash. Some of these costs could include:

  • Hospitalization costs
  • Rehabilitation
  • Pain and suffering
  • Ambulance and First Responder costs

A says successful personal injury claims can also cause policy makers and public officials to make meaningful changes to improve bus safety, which can eventually help prevent similar accidents in the future.

Follow this link to find more information on bus accidents.

What Is A No-Fault Car Accident?

/ Car Accident /

NEW YORK – Every state has different rules for car accidents. In New York, lawmakers have tried to simplify the legal system with a set of rules often referred to as ‘No Fault Laws.’ Just because they’re called ‘No Fault’ doesn’t mean no one is at fault, though. So, What Is A No-Fault Car Accident?

Here’s an explanation from a personal injury attorney, Long Island, NY:

What Is A No-Fault Car Accident?

In most circumstances, a no-fault car accident is any car crash that happens in the 12 states that have no-fault insurance laws, including New York. Under no-fault car insurance policies, drivers do not need to prove who was at-fault to get compensation for their injuries. Instead, their own insurance company will pay a policy holder’s medical bills, lost wages and other costs associated with an accident.

The no-fault States include:

  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Utah

A Long Island auto accident attorney says there are many exceptions to these rules. Motorcycle accidents, for example, may not be applicable. In addition, no-fault insurance only covers the costs of a car accident injury. When it comes to physical damage to your vehicle, the claims process is still determined by who was at fault for the accident.

In a car crash, Long Island drivers and passengers don’t necessarily have to engage in a drawn-out legal battle to get medical bills paid. However, no-fault insurance only covers up to a certain amount. Beyond that, you’ll still need to determine who was at fault for a crash.

That’s why it’s important to get a FREE consultation with the experienced Long Island personal injury lawyers at Cellino & Barnes. Our legal team can go over your accident case for free, and help determine the proper steps to ensure you’re getting the best result possible.

If you have any questions, like ‘What Is A No-Fault Car Accident?’ we can help you get answers. Call our Long Island personal injury attorneys today to see how helpful we can be!

Cellino & Barnes (800) 888-8888

 

Dump Truck, School Bus Accident Sends Dozens To NJ Hospitals

/ Bus Accidents, Truck Accident /

PARAMUS, N.J. – A New Jersey school bus accident sent more than 40 people to area hospitals after the bus collided with a dump truck on Interstate 80 Thursday.

According to WNYC, a packed school bus taking kids on a field trip crashed on Interstate 80 in Mount Olive, New Jersey, killing a student and teacher, Jennifer Williamson of East Brook Middle School.

Jennifer Williamson’s husband, Kevin Kennedy released a statement to NJ Advance Media on Friday:

“My beautiful bride and I have been in total love every day of our lives since the day our eyes met on May 5th, 1994,” Kennedy said. “I am in shock, devastated and totally crushed by today’s tragedy to both sides of the Williamson-Kennedy families, the community she taught and the thousands of students and their families she was very proud to serve.”

Jennifer WIlliamson was 51 years-old. Paramus Mayor Rich LaBarbiera told reporters that Jennifer Williamson spent her entire career in the town, which is a tight-knit community mourning the loss of a beloved teacher and one student after the Paramus school bus crash.

“I heard a scraping sound and we toppled over the highway,” fifth-grader Theo Ancevski told WNYC. “A lot of people were screaming and hanging from their seatbelts.”

Police said there were 45 people on board at the time of the New Jersey school bus accident, 38 of whom were students. Some remain at area hospitals in critical condition.

Officials didn’t immediately release details of how the crash happened, but an extensive legal investigation should be conducted, according to a New Jersey school bus accident lawyer.

The trucking company that owns the dump truck has been involved in a string of crashes in recent years, according to federal safety data, including a number of violations that kept its trucks out of service for some time.

Many families will likely be filing personal injury claims, in which the outcomes of these cases could help their loved ones gain closure and compensation for their injuries. An experienced New Jersey truck accident lawyer should be investigating this crash, and could uncover several key pieces of evidence. Some of the items an extensive legal investigation should be looking at include:

  • An analysis of the truck’s mechanical systems
  • Truck maintenance records
  • Driver records
  • Potential safety violations
  • The company’s safety record

In addition to examining the truck, it’s also important to take a look at the school bus, as mechanical issues and human error are not uncommon when these vehicles are on the highway.

A successful settlement or verdict could help dozens of New Jersey school bus accident victims cover the costs associated with such a tragic accident, including:

  • Expenses from first responders
  • Hospitalization costs
  • Rehabilitation
  • Pain and suffering
  • And more…

Many times, these claims can also sparking meaningful changes in public and private policies, improving safety for others across the state and country. These changes are often put in place so similar accidents, like the accident in New Jersey, can be prevented in the future.

Follow these links to find more information on truck accidents, bus accidents and wrongful death claims.

Investigators To Look At Runaway Dump Truck Accident

/ Truck Accident /

ELMIRA, N.Y. – A parked dump truck without a driver rolled down a hill and struck Barbara Velasquez, 48, of Big Flats.

Barbara Velasquez

was walking her dog on Suburban Drive on Monday when they were both hit and killed by the unoccupied dump truck owned by Premier Landscaping of Elmira, the Chemung County Sheriff’s Office said.

The Chemung County Sheriff’s Office has called for an accident reconstruction team to help investigate the incident that killed Barbara Velasquez. The Chemung County District Attorney and the New York State Police are assisting the investigation.

According to a New York truck accident lawyer, the initial evidence public officials collect in their investigation will be crucial; but it’s also important to conduct a full legal investigation into the events leading up to this accident.

An extensive legal investigation can help the family of Barbara Velasquez gains valuable information and gain closure. In addition, a wrongful death claim can help cover a variety of unplanned costs associated with such a tragic accident, including:

  • Expenses from first responders
  • Loss of companionship
  • Loss of financial support from the victim
  • Pain and suffering

Some pieces of evidence uncovered during a thorough investigation could drastically change the outcome of a case. There are many factors an experienced New York truck accident lawyer will search for during this process, including:

  • A complete analysis of the truck’s mechanical systems
  • Truck maintenance records
  • Driver records
  • Potential safety violations
  • The company’s safety record

A successful claim can also help create meaningful changes in our communities, and improve safety for others throughout Big Flats, the Elmira area and the rest of the state, so similar accidents like the one that killed Barbara Velasquez can be prevented in the future.

Follow these links to find more information on truck accidents and wrongful death claims.

What To Do After A Minor Car Accident

/ Uncategorized /

NEW YORK – When a car accident is severe, we’ve all been told to call 911 and immediately seek medical attention; but many people have asked our Long Island car accident lawyer, What To Do After A Minor Car Accident?

Let’s play out a situation millions of Americans have been in:

You’re at a stand-still, stuck in rush-hour traffic. Suddenly, you feel a jolt as your seat belt tightens and your body jumps forward. You’ve been rear-ended by a driver who wasn’t paying attention.

No one appears to be injured. You’re probably a little frustrated that your car now has a huge dent (if not, worse). The other driver is equally emotional with feelings of frustration, embarrassment, and guilt.

Our Long Island personal injury lawyers say now is not the time to start a heated argument. Instead, keep your cool and follow these steps if you’re ever in a minor car crash.

What To Do After A Minor Car Accident

  1. Pull Over and Call 911. Even if no one is hurt, it’s important to make sure everyone stays safe. Without the flashing lights of a police car and the safety of the road’s shoulder, you’re in serious danger.
  2. Exchange Insurance Information. This is one of the most important steps, according to our Long Island car accident lawyers. Without the other driver’s information, you could be left holding the bill for any repair or medical costs associated with the accident. If you or the other driver for some reason does not have an insurance card (maybe you left it at work), call the police – you can usually bring proof of insurance to them later, as long as it’s within 24 hours.
  3. NEVER Admit Fault. There are many things that can cause car accidents. Even if you believe you’re at fault for a fender-bender, don’t admit it! The truth is, you don’t know who — or what caused the crash. Maybe the brakes weren’t working… or the other driver is intoxicated. It’s important to tell the truth – but stick to the facts.
  4.  Take Photos. Almost everyone has a smartphone with a camera now, so there’s no excuse NOT to take pictures. If you can find witnesses, it would be helpful to take down their information and statements too.
  5. See A Doctor. Even minor accidents can have profound implications for your health. It’s not uncommon to start feeling injury symptoms, like whiplash, days or even weeks after an accident. Typically, it’s good practice to seek medical attention, even if you don’t need it… Just in case.

If you are injured, the medical costs should be covered by the insurance company, but getting fair compensation can often be a frustrating and drawn-out process. That’s why it’s good to have an experienced team of trial lawyers on your side. At Cellino & Barnes, our Long Island personal injury lawyers have decades of combined experience helping accident victims get the best results possible from injury claims.

When an accident impacts your health and well-being, call Cellino & Barnes for a FREE consultation.

Cellino & Barnes (800) 888-8888

How Much Do Accident Attorneys Charge?

/ Uncategorized /

NEW YORK – If you’ve recently been in a car accident, it’s a pretty good idea to hire an experienced Brooklyn car accident lawyer. The general assumption is that ‘lawyers are expensive,’ but many clients are pleasantly surprised when they ask the question, How Much Do Accident Attorneys Charge?

Unlike many other types of legal services, the New York car accident lawyers at Cellino & Barnes handle things a little differently.

How Much Do Accident Attorneys Charge?

The car accident lawyers at Cellino & Barnes do not charge hourly fees, unlike many other law firms. Instead, they have a ‘No Fee Promise,’ which means the personal injury firm will not accept any payments unless they win your case.

This type of arrangement is considered beneficial for both the client and the attorney.

Many attorneys work with similar contingency fees, which is a percentage of the recovery they’ve helped a client obtain. This percentage typically ranges from 30-40 percent, depending on the case.  If your lawyer recovers $10,000, they will receive about $3,300 for their services with the standard 33% contingency fee. On the other side, if they don’t win your case, they don’t receive anything.

What To Do If You Need An Attorney

If you or a family member has been injured in an accident, contacting an experienced New York car accident attorney is a crucial step that could help you save time, money and a lot of headaches.

At Cellino & Barnes, the firm’s No Fee Promise guarantees clients they won’t owe a dime unless their NY accident lawyer wins their case. If you have any questions about the firm, its legal team, or the No Fee Promise, give us a call and we’d be happy to help answer your questions with a FREE case evaluation.

Cellino & Barnes (800) 888-8888

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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