Construction accidents leave you dealing with serious injuries, time away from work, and mounting medical bills. The last thing most workers are thinking about is New York’s construction accident filing deadline for cases against the City of New York or other municipal entities. Many people have heard they have three years to file a personal injury lawsuit in New York, but that isn’t the whole story.
Some construction accident claims involve much shorter deadlines. If your accident happened on a New York City municipal project, you need to file a Notice of Claim within just 90 days to preserve your rights. Missing that deadline jeopardizes your ability to pursue compensation, even if you would otherwise have had a valid case.
Knowing which deadline applies to your case makes the difference between preserving your right to seek compensation and losing it before your lawsuit even begins.
The Statute of Limitations for Most Construction Accidents in NY
In most cases, New York Civil Practice Law and Rules (CPLR) § 214 gives injured construction workers three years from the date of the accident to file a personal injury lawsuit. That deadline governs most negligence-based personal injury claims, including many third-party lawsuits brought under New York’s Labor Law, such as Labor Law § 240(1), Labor Law § 200, or Labor Law § 241(6).
This deadline commonly applies to third-party claims against general contractors, subcontractors, certain building owners, or other parties whose negligence or violations of New York’s Labor Law contributed to the accident.
The statute of limitations is the general rule, but it is not the only deadline that may apply. Some construction accident claims follow different limitations that significantly shorten the time available to file your lawsuit for damages after an accident.
Municipal Construction Projects Have Different Filing Requirements
The biggest exception to the three-year statute of limitations in NY for injury claims involves construction accidents on municipal projects for the City of New York or other municipalities. If your accident involves a municipality, public authority, or another government entity, New York General Municipal Law § 50-e requires a Notice of Claim to be served within 90 days of the accident. A lawsuit must thereafter be commenced within one year and ninety days of the accident.
A Notice of Claim is not a lawsuit. It is a legal document that gives the municipal entity notice of your claim before a lawsuit can be filed. Missing this deadline can prevent you from pursuing compensation against that public entity, even if you would otherwise have had a valid claim.
Which Construction Projects Require a Notice of Claim?
Many construction workers never think of themselves as working on a public project or municipal building because they were hired by a private contractor or subcontractor. In reality, the company that signs your paycheck and the entity that owns the project are often two different things. Projects that commonly involve public entities include:
- Construction or maintenance work for the Metropolitan Transportation Authority (MTA)
- New York City Housing Authority (NYCHA) developments
- New York City School Construction Authority
- City of New York municipally owned and operated buildings
- Road, bridge, and sidewalk work performed for the New York City Department of Transportation (NYC DOT)
- Projects involving NYC Health and Hospitals Corporation
- Other city, county, or local government construction projects
If you are unsure whether your accident occurred on a public project, it is important to find out as soon as possible. Waiting until after the 90-day deadline has passed limits your legal options, even if you have a strong underlying claim.
Wrongful Death Claims Have Different Filing Deadlines
When a construction accident results in a worker’s death, different filing deadlines apply. Under New York Estates, Powers and Trusts Law (EPTL) § 5-4.1, a wrongful death lawsuit must be filed within two years of the date of death.
Wrongful death claims also differ because they must be brought by the personal representative of the deceased person’s estate on behalf of eligible surviving family members. If an estate has not yet been established or a representative has not been appointed, those additional legal steps take time and must be taken immediately.
If the accident involved a public construction project or another government entity, the Notice of Claim still applies. Because multiple deadlines can overlap in fatal construction accident cases, acting promptly is especially important.
When Does the Deadline Start Running?
A filing deadline is only useful if you know when it begins. Many injured workers assume the clock starts after they finish medical treatment or decide to take legal action. In reality, New York law measures different deadlines from different events.
- Most construction accident lawsuits: The statute of limitations begins running on the date of the accident.
- Wrongful death in construction accident claims: The NY wrongful death deadline of two years starts running on the date of death.
- Claims involving municipal construction projects: The 90-day notice of claim for NYC construction accidents begins on the date of the accident. This is a separate requirement from the deadline to file a lawsuit. When the claim involves wrongful death, a notice of claim must be served within 90 days after the appointment of the personal representative of the estate.
The law does not pause while you’re recovering. By the time you realize a different filing deadline applies, it may be too late to meet it. Taking action early helps you avoid missing important filing deadlines.
Protecting Your Right to File a Claim
After a construction accident, your primary focus should be on getting the medical care you need. At the same time, taking a few important steps early protects your legal rights.
Don’t Wait to Report the Accident
Notify your employer about the accident as soon as possible so there is a record of when and where the incident occurred. Reporting the injury is also important for workers’ compensation purposes. If you’re a union worker, you should also notify your union representative or follow any applicable reporting procedures. Whether you’re suing NYC, NYCHA, or MTA construction site owners or a private company, taking these steps early establishes a clear record of the accident and reduces the likelihood of disputes later.
Keep Records Related to the Accident
Save copies of your medical records, photographs of the accident scene and your injuries, incident reports, witness contact information, and any other documents related to the accident. Keeping these records organized from the beginning makes it easier to document what happened and support your claim.
Consider Speaking With a Construction Accident Attorney
After a serious construction accident, it’s easy to put legal questions on the back burner while you focus on your injuries and getting back to work. However, waiting too long can make it harder to protect your claim. An attorney can determine which filing deadlines apply, make sure important legal requirements are addressed on time, and handle the legal process while you concentrate on your recovery.
Frequently Asked Questions
Can I Still Sue if I’m Receiving Workers’ Compensation Benefits?
Yes. Receiving workers’ compensation benefits does not prevent you from filing a lawsuit after a construction accident. Workers’ compensation is a no-fault system that provides benefits to injured employees regardless of who caused the accident.
In many situations, however, you also have a third-party claim against someone other than your employer. These are separate legal claims, so make sure you explore all options after your accident on a construction site.
What Happens if I Miss the Deadline to File a Construction Accident Lawsuit?
Missing the applicable filing deadline has serious consequences. In many cases, failing to file a lawsuit or satisfy other required filing deadlines on time prevents you from recovering compensation through the courts. Because different construction accident claims are subject to different deadlines, it’s important to determine which requirements apply to your case as early as possible.
What if the Insurance Company Is Still Negotiating With Me?
Settlement negotiations do not extend the deadline to file a lawsuit. Even if an insurance company appears willing to negotiate, the applicable statute of limitations and other filing deadlines continue to run. If a deadline passes before the necessary legal action is taken, you could lose the opportunity to pursue compensation. For that reason, it’s important to keep track of filing deadlines while settlement discussions are ongoing.
Get the Answers You Need Before Time Runs Out
Construction workers already have enough to deal with after a serious injury. They shouldn’t also have to wonder whether a filing deadline is approaching or whether an overlooked legal requirement will affect their case.
That’s where Oresky & Associates, PLLC, comes in. We handle the legal process and pursue claims against the parties whose negligence caused our clients’ injuries. That allows injured workers and their families to spend less time worrying about paperwork and legal deadlines and more time focusing on what’s ahead.
If you were injured in a New York City construction accident, call Oresky & Associates, PLLC, at (929) 209-4492 for a free consultation.