The 90-Day Notice of Claim on Public Construction Projects
Most injured workers believe they have years to decide whether to bring a claim. On private projects, that is usually true — New York’s statute of limitations for construction injuries is generally three years. But if your accident happened on a public project, a much shorter clock may already be running: the 90-day Notice of Claim.
What Counts as a Public Project?
- City-owned buildings, schools, and hospitals
- MTA, Port Authority, and transit work
- NYCHA housing projects
- Roads, bridges, tunnels, and water infrastructure
If a city agency, public authority, or municipal corporation owns the site or the project, your claim likely requires a sworn Notice of Claim served within 90 days of the accident — before any lawsuit can be filed.
Why Workers Miss the Deadline
Ninety days pass fast when you are in surgery, in rehab, and waiting on a comp decision. Insurance adjusters know this. Some will happily keep a conversation going for three months, then point to the missed notice. Courts can sometimes grant late-notice permission, but it is discretionary and never guaranteed.
The single most expensive mistake in public-project cases is waiting to call a lawyer.
Protect the Claim Now
A NYC construction accident lawyer can prepare and serve the Notice of Claim quickly — identifying every public entity involved, preserving the site evidence, and keeping your comp claim moving at the same time. If there is any chance your project was public, call today. The consultation is free.
