Construction work is one of the most dangerous jobs in New York City. When accidents happen on the job, injured workers may have the right to take legal action. Filing a lawsuit is not something that can be put off for too long. New York has strict laws that limit how much time a person has to file after getting hurt. Missing that window could mean losing the chance to recover damages. That is why it is important to understand when to file a construction accident claim as early as possible. In NYC, the timeline for taking legal action depends on a few key factors. These can include the type of accident, the injuries involved, and who the claim is being filed against.
Understanding the Standard Time Limit
The general rule in New York for filing a personal injury lawsuit is three years from the date of the accident. This applies to most construction accidents where a private company or person is at fault. The clock starts ticking on the day the injury occurs, not when the injury is discovered. This time limit is known as the statute of limitations. If a claim is filed after this period, the court is likely to dismiss the case. This makes it important to act quickly. Even though three years may sound like a long time, gathering evidence and building a case takes planning and effort.
Wrongful Death Cases Have a Shorter Limit
When a construction accident leads to a fatality, the timeline is shorter. In wrongful death cases, the family of the worker usually has two years to file a lawsuit. This time period begins on the date of death, not the date of the accident. It is a small but important detail that can affect the case. Filing too late could close the door on a claim that might otherwise provide critical support. These cases are often more complex and emotionally difficult, so families are encouraged to get legal help as soon as they can.
Claims Against a Government Entity
If a public agency or city department is involved in the accident, the process is different. In these cases, the deadline is much shorter. A Notice of Claim must usually be filed within 90 days. After that, the lawsuit itself must be filed within one year and 90 days from the date of the accident. This is a tight window, and missing it could result in losing the right to sue altogether. Government claims also involve specific legal steps, so following the right process is just as important as timing.
Exceptions That May Extend the Deadline
There are rare cases when the time limit can be extended. One example is when the injured person is mentally or physically unable to file a claim right away. Another is if the injury was not immediately apparent and only came to light much later. These situations may allow the deadline to be paused, or “tolled,” until the person is able to act. However, courts do not grant these exceptions easily. It is best not to rely on special cases and instead focus on filing within the standard time limit.
Why Acting Fast Matters
Getting started early gives the legal team more time to investigate the accident. Important evidence can be lost if too much time passes. Witnesses may forget details, or records could go missing. Early action also shows the court that the claim is serious and made in good faith. The sooner a claim is filed, the stronger the case can be. Having clear timelines helps injured workers take steps toward recovery and justice.
Knowing how much time you have to file after a construction accident in New York City can make all the difference. Whether the case involves injury, death, or a public agency, there are clear deadlines that must be met. Failing to act in time can block access to much-needed compensation. Filing early not only protects your legal rights but also helps build a stronger case. With the right information and support, injured workers and their families can take the next steps toward recovery. Acting quickly and within the law is the first step toward moving forward.
