New York City Construction Accident Deadlines: How Long Do I Have to File?
Construction sites are some of the most dangerous places to work, and in New York City, the risk is everywhere. Whether you are working on a high-rise in Manhattan, a renovation in Brooklyn, a municipal project in Queens, a demolition site in the Bronx, or a job in Staten Island, one safety failure can cause a life-changing injury.
If you were hurt on or near a job site, you may have the right to seek compensation through workers’ compensation, a third-party personal injury lawsuit, or both. But New York law sets strict deadlines, and missing one can permanently limit your case.
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Quick Answer: What Is the Deadline for a Construction Accident Lawsuit in New York?
In New York, the statute of limitations for most construction accident personal injury lawsuits is:
3 years from the date of the accident
This deadline is commonly tied to N.Y. C.P.L.R. § 214. If you file after the three-year window closes, the court can dismiss your case even if your injuries are severe and the evidence is strong.
Necessary: Construction accident cases often involve multiple claims, each with its own deadline.
The Most Important Deadlines for Construction Accident Claims in New York
A construction accident can trigger multiple legal paths. Filing one claim does not automatically protect your ability to file another. The safest approach is to speak with a New York City construction accident lawyer as soon as possible.
1) Workers’ Compensation Deadlines for NYC Construction Workers
If you were injured while performing your job duties, you may qualify for New York workers’ compensation benefits, which can cover medical treatment and part of your lost wages.
Key deadlines include:
- Notify your employer within 30 days
You generally must report your injury to your employer within 30 days of the accident.
Tip: Report the injury immediately and do it in writing whenever possible. Could you keep a copy? - File your workers’ compensation claim within 2 years
You generally have two (2) years to file a formal claim with the New York Workers’ Compensation Board.
Some work-related conditions develop over time. In those cases, the deadline can depend on when you knew, or should have known, that the injury was work-related. Employers and insurance carriers often dispute these situations, so getting legal help early matters.
2) Third-Party Personal Injury Lawsuits: The 3-Year Statute of Limitations
Workers’ compensation does not provide full recovery for many serious construction injuries. It may not cover your full lost wages, your future earnings, or your pain and suffering.
If someone other than your employer contributed to the accident, you may be able to file a third-party construction accident lawsuit against parties such as:
- Property owners
- General contractors
- Subcontractors
- Equipment manufacturers
- Delivery companies
- Negligent drivers entering the worksite
- Other companies on the site
Deadline: Most third-party construction accident lawsuits must be filed within 3 years from the date of the accident.
What compensation can a construction accident lawsuit provide?
A third-party personal injury claim may allow recovery for:
- Full lost income (past and future)
- Pain and suffering
- Long-term disability
- Loss of quality of life
- Future medical care and rehabilitation
Important: Filing a workers’ compensation claim does not extend the deadline to file a personal injury lawsuit.
3) Wrongful Death Construction Accident Claims: 2 Years
If a construction accident results in death, surviving families may be eligible to pursue a wrongful death lawsuit.
Deadline: Generally, 2 years from the date of death.
The clock typically starts on the date of death, not necessarily the date of the accident. The personal representative of the estate usually files wrongful death cases.
Wrongful death claims may help families recover compensation for financial losses, including lost income, support, and services.
4) Claims Against New York City or Other Government Entities: 90 Days and 1 Year, 90 Days
If your construction accident involved city-owned property, a public authority, a municipal crew, or another government-related entity, the deadlines are much shorter.
- Notice of Claim: Usually due within 90 days of the accident
- Lawsuit deadline: Usually 1 year and 90 days from the date of the accident
These deadlines are among the strictest in New York law. Many injured workers do not realize a government entity is involved until it is too late. Early investigation is critical.
Can the Statute of Limitations Be Extended?
Sometimes, but only in limited situations. Courts do not grant extensions easily, and the rules are fact-specific.
Potential tolling or exception situations may include:
- The injured person was under 18
- Diminished mental capacity
- Physical or mental incapacity preventing timely filing
- Latent injuries or illnesses discovered later (discovery rule)
- Certain occupational illnesses or exposure conditions
- The defendant was outside New York or unreachable for a period of time
If you are worried you may be close to a deadline, do not assume you have no case. Could you talk to a construction accident lawyer right away?
What Happens If You Miss the Deadline?
Missing a deadline can end your case.
- If you miss the statute of limitations for a lawsuit, the defendant can ask the court to dismiss your case, and the court will usually grant the dismissal.
- If you miss workers’ compensation deadlines, you may lose access to benefits needed for medical treatment and wage replacement.
Bottom line: Waiting can cost you your right to compensation.
Why You Should Act Quickly Even If You Think You Have Time
Construction accident cases require prompt action because evidence can disappear quickly.
Delays can harm your case when:
- Hazardous conditions are repaired or removed
- Surveillance footage is deleted or overwritten
- Witnesses move to other jobs
- Memories fade
- Incident reports go missing
- Insurance companies build defenses early
When Greenstein & Pittari, LLP gets involved early, we can preserve evidence, identify liable parties, and protect your claim from day one.
What to Do After a Construction Accident in New York City
If you can, take these steps to protect your health and your case:
- Get medical attention immediately, even if symptoms seem minor
- Report the accident to your supervisor or employer as soon as possible
- Document the scene with photos or video if it is safe
- Collect witness names and contact information
- Avoid giving recorded statements to insurance companies without legal advice
- Speak with an experienced NYC construction accident attorney quickly
We Represent Construction Accident Victims Across All Five Boroughs
Greenstein & Pittari, LLP represents injured construction workers and families throughout:
- Manhattan
- Brooklyn
- Queens
- The Bronx
- Staten Island
If you were hurt on a job site or injured near construction activity, you deserve answers and a legal team that takes your case seriously.
Speak With a New York City Construction Accident Lawyer Today
You may have multiple claims and multiple deadlines. We help you keep every option open.
Call Greenstein & Pittari, LLP for a FREE consultation: 1-800-VICTIM2 (1-800-842-8462)
No fee unless we win.
Frequently Asked Questions About Construction Accident Deadlines in New York
How long do I have to file a construction accident lawsuit in New York?
In most cases, you have 3 years from the date of the accident to file a personal injury lawsuit.
What is the statute of limitations for construction accident cases in NYC?
For most construction accident personal injury lawsuits in New York City, the statute of limitations is 3 years from the date of injury.
How long do I have to report a construction injury to my employer?
To pursue workers’ compensation, you generally must notify your employer within 30 days of the accident.
How long do I have to file a workers’ compensation claim in New York?
You generally have 2 years to file a formal workers’ compensation claim with the Workers’ Compensation Board.
Can I file workers’ compensation and also sue?
Yes, in many cases. You usually cannot sue your employer if you receive workers’ compensation, but you may be able to sue third parties such as contractors, property owners, or manufacturers.
Does workers’ compensation cover pain and suffering?
No. Workers’ compensation generally covers medical costs and partial wage replacement, but it does not pay for pain and suffering. A third-party lawsuit may.
What is the deadline for a wrongful death construction accident lawsuit in New York?
Wrongful death claims generally must be filed within 2 years from the date of death.
What if the City of New York is involved in my accident?
Government-related cases often require a Notice of Claim within 90 days, and a lawsuit within 1 year and 90 days of the accident date.
What if I did not know a government entity was involved until later?
That happens often. Unfortunately, the deadlines are still strict. A lawyer can investigate early and identify government involvement before time runs out.
Can deadlines be extended for delayed injuries or toxic exposure?
Sometimes. Specific latent injuries and occupational illnesses may qualify for special timing rules, but these claims can be complex and heavily disputed. It is best to speak with an attorney right away.
What if I miss the deadline?
Missing a filing deadline can permanently bar your lawsuit or workers’ compensation claim. There are rare exceptions, but you should not rely on them without legal guidance.
Why Choose Greenstein & Pittari, LLP?
- Local Harlem office for convenience and trust
- No fee unless we win your case, our Fee Guarantee
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- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
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Don’t Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462).
At Greenstein & Pittari, we specialize exclusively in personal injury law, with a proven track record of results, responsiveness, and relentless advocacy. We offer free consultations, work on a contingency basis, and fight for clients every day across New York.
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You can call 1-800-VICTIM2 (1-800-842-8462) to schedule your confidential consultation and take the first step toward the compensation and justice you deserve. The call is free. The consultation is free. You do not pay us unless we are successful. That is our Fee Guarantee: No Fee Unless Successful.