Guide
Every deadline that applies after a fall
There is no single deadline. There are at least four, they run simultaneously, and they are not the same length. The shortest is short enough that waiting to feel better before dealing with it can cost the claim.
Published July 27, 2026 · Last reviewed July 30, 2026
1. Notice to your employer — days to weeks
This is the one that surprises people. Most states require notice of a workplace injury to your employer within a defined period, and 30 days is common. Miss it and the comp claim can be denied outright regardless of how badly you were hurt.
Verbal notice to a foreman is better than nothing but is regularly disputed later. Put it in writing, keep a copy, and note the date.
2. Filing the comp claim — typically one to two years
Separate from notice. Notice tells your employer it happened; the claim is filed with the state agency. States differ on the window and on when it starts running — date of injury, date of last payment, or date you knew the injury was work-related.
3. The third-party lawsuit — usually two to three years
Your state's personal injury statute of limitations governs the negligence claim against non-employer parties. Two years is the most common; several states use three, and a few use one. Wrongful death is frequently shorter and runs from the date of death.
Product liability claims against a manufacturer may run on a different clock, and some states add a statute of repose that cuts off claims a fixed number of years after a product was sold regardless of when the injury happened.
4. If a government entity is involved — sometimes 60 to 180 days
Working on a school, a municipal building, a state facility, or any public project changes everything. Claims against government entities generally require a formal notice of claim filed within a short administrative window — often 60, 90, or 180 days — before any lawsuit can be filed at all.
Miss that notice and the claim is typically barred permanently, even though the ordinary statute of limitations hasn't run. This is the most common way an otherwise strong case is lost on procedure.
Questions
What if I already missed one of these?
Get it reviewed anyway rather than assuming it's over. Exceptions exist — the discovery rule for injuries that weren't apparent at first, tolling for minors and for incapacity, equitable tolling where an employer misled you, and different start dates depending on the claim. Only someone looking at your specific dates can tell you.
Does talking to an insurance adjuster stop the clock?
No. Negotiating with an insurer does not extend a statute of limitations, and adjusters are not obligated to warn you it's approaching. Claims do get run out this way.
I'm still treating. Should I wait until I'm done?
Don't wait to have it evaluated — the deadline to file doesn't pause for treatment. Do generally wait before settling, because you can't value a case before you know the permanent outcome. Those are different decisions.
Situations this applies to
I fell off a roof at work
Comp covers part of it. The claim against everyone who isn't your employer covers the rest — and runs on a different deadline.
Read this
A roofer fell at my house
Usually the contractor's insurance answers for it. What determines your exposure is whether they actually had any.
Read this
A family member died
Death benefits and a wrongful death claim are separate. OSHA's investigation is mandatory here.
Read this
I fell off a ladder
Who supplied the ladder and who set it up usually decides the case. Preserve the ladder itself.
Read thisRelated guides
New York's scaffold law
In New York, owners and GCs are absolutely liable for height falls — and your own carelessness isn't a defense.
Read thisComp vs. the third-party claim
Two claims, two clocks, two very different numbers. The one people miss is the bigger one.
Read thisWhat these cases are worth
No honest answer is a number. Here's what actually moves it, and what doesn't.
Read thisEvidence and research resources
See all resourcesEvidence checklist
The records, objects, photographs, and timelines worth preserving now.
Read thisPlain-language glossary
Medical, insurance, safety, and legal terms explained without the jargon.
Read thisOfficial sources
The government, court, safety, and medical sources used to check this site.
Read thisGet a straight answer about your case
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