This article provides general legal information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney in your state for guidance specific to your situation.
A construction injury can trigger several deadlines at once: the two-year lawsuit deadline, a six-month government claim window, and the workers' compensation reporting clock. The shortest one controls.
The two-year lawsuit deadline
A third-party personal injury lawsuit must generally be filed within two years of the injury under Code of Civil Procedure section 335.1. Wrongful death claims run two years from the date of death. Missing this deadline usually bars the claim permanently, regardless of its strength.
An action for injury to, or for the death of, an individual caused by the wrongful act or neglect of another must be commenced within two years.
The workers' compensation timeline
Workers' compensation runs on its own schedule. California generally requires reporting the injury to the employer within 30 days and filing a claim form to begin benefits. These deadlines are separate from, and shorter than, the lawsuit deadline.
Public projects and government claims
Injuries on public works projects, or claims against a public entity such as Caltrans or a city, generally require a written government claim within six months under the Government Claims Act before any lawsuit. This short window is easy to miss.
Discovery rule and minors
A discovery rule can delay the start of the two-year clock where the injury or its cause was not immediately known, though construction injuries are usually apparent at once. For an injured minor, the deadline is generally tolled until age 18.
Why the overlapping deadlines matter
- The government-claim deadline can be just six months.
- Workers' compensation reporting can be due in 30 days.
- Evidence on an active site disappears quickly.
When several deadlines apply, the shortest one controls, so confirming each one early protects the claim.
Frequently Asked Questions
How long do I have to file a construction accident lawsuit in California?
Generally two years from the injury under Code of Civil Procedure section 335.1 for a third-party claim. Public-project injuries can require a six-month government claim, and workers' compensation has separate, shorter reporting deadlines. Because the shortest deadline controls, all of them should be confirmed early.
Is the deadline different on a public construction project?
Yes. Injuries on public works or claims against a public entity generally require a written government claim within six months under the Government Claims Act before any lawsuit. This is far shorter than the two-year lawsuit deadline and applies in addition to it.
Does filing workers' comp affect my lawsuit deadline?
No. Workers' compensation and a third-party lawsuit are separate, with separate deadlines. Filing for workers' compensation does not extend the two-year lawsuit deadline, and the workers' compensation reporting clock is shorter, so both must be tracked independently.
What if I didn't know who caused my injury right away?
A discovery rule can delay the start of the two-year clock where the injury or its cause could not reasonably have been known at first. Construction injuries are usually apparent immediately, so this exception is narrow and fact-specific and should not be assumed without confirming how it applies.
Can the deadline be extended for any reason?
In limited situations, such as the discovery rule, tolling for an injured minor until age 18, or specific statutory exceptions. These are narrow and depend on the facts, so an injured worker should confirm how any exception applies rather than relying on it to extend a deadline.