Gorayeb & Associates warns New York families about wrongful death deadlines after 55 construction deaths in 2024

By AI, Created 7:16 PM UTC, May 29, 2026, /AGP/ – Gorayeb & Associates says New York families who lose a loved one in a construction fatality often have only two years to file a wrongful death claim, and even less time if a public agency is involved. The warning comes as federal data show 55 construction and extraction deaths in New York State in 2024, including 24 tied to falls, slips and trips.

Why it matters: - New York families can lose the right to sue if they miss the state’s two-year wrongful death deadline under the Estates, Powers and Trusts Law. - In cases involving a public entity such as the MTA or a city agency, a Notice of Claim usually must be filed within 90 days. - Construction deaths often leave spouses, children, and parents without immediate guidance on possible claims against property owners, general contractors, or equipment makers.

What happened: - Gorayeb & Associates, P.C. issued public guidance for families after a fatal workplace accident, warning them to act before evidence and filing deadlines disappear. - The New York personal injury firm says it has represented more than 12,000 injured workers since 1986 and has recovered more than $2 billion for injured workers. - The warning followed U.S. Bureau of Labor Statistics occupational data released in March 2026 showing 55 fatal injuries among New York State workers in the construction and extraction occupational group in 2024. - The same BLS release reported 50 fatal injuries in New York’s construction industry sector overall, down from 60 in 2023.

The details: - BLS said 24 of New York’s 55 construction and extraction deaths in 2024 were caused by falls, slips, and trips. - Nationally, BLS documented 1,032 construction and extraction fatalities in 2024. - Across all industries, BLS found one worker died from a work-related injury every 104 minutes. - Hispanic and Latino workers had the highest fatal injury rate of any group for the eighth consecutive year, at 4.3 deaths per 100,000 full-time workers. - BLS said 842 of the 1,229 Latino worker fatalities in 2024, roughly 68%, involved foreign-born workers. - Under New York wrongful death law, only the personal representative of the estate may file the claim for distributees such as a surviving spouse, children, and parents. - The filing window generally closes two years after the date of death, and the deadline does not extend because a family is still grieving or has not yet learned its legal rights. - New York Labor Law 240 and 241(6) can impose strict liability on property owners and general contractors in gravity-related deaths involving scaffolds, roofs, and elevated platforms. - In those cases, a family does not need to prove negligence, only that required safety protections were missing or inadequate. - Families should preserve photos and video from the site, identify witnesses before memories fade, request OSHA and accident records, and avoid recorded statements to insurers before speaking with counsel. - Workers’ compensation death benefits do not bar a separate civil wrongful death lawsuit against a third party such as a property owner, general contractor, or equipment manufacturer. - In many construction fatality cases, workers’ compensation and civil claims can proceed at the same time.

Between the lines: - The firm’s message is as much about timing as liability: the legal clock can run out before families understand which claims exist. - The BLS data point to falls and other elevation-related hazards as a major driver of fatal construction injuries in New York. - The warning also reflects the reality that immigrant and Latino workers often face added barriers in learning about legal remedies quickly enough.

What’s next: - Families affected by a construction death are being urged to identify the estate’s personal representative and review filing deadlines immediately. - Cases involving public agencies may require faster action because the Notice of Claim deadline can arrive within 90 days. - Potential claims may move forward against multiple defendants if evidence shows unsafe conditions or missing protections.

The bottom line: - In New York construction death cases, the deadline can matter as much as the cause of death. Waiting can erase a family’s right to recover.