New Yorkers, if you plan to sue a state or city agency over destructive COVID-19 measures, here’s what you should know

NY State – Filing A Notice Of Claim.pdf (57K)

NYC City Employment Form.pdf (1M)

NYC Personal Injury Form.pdf (436K)

Instructions For Filing Actions Against NYC NY State & U.S..pdf (141K)

If you wish to sue a NY State or NY City government employee or agency for personal injury or negligence resulting from COVID-19 measures, you must notify the agency first before you file your lawsuit. Otherwise, your lawsuit will most likely be dismissed. 

In both NY State and in New York City, you have 90 days from the date of the event or injury to give notice (a.k.a. “Notice of Claim”) of your intended lawsuit. For example, if NYC teachers were put on unpaid leave for their failure to take the COVID-19 vaccine on 10/4/21, then they have until 1/4/22 to give the NYC Department of Education notice of their intention to file a lawsuit. Here is the info to submit your NY Citynotice and your NY State notice. Also, see the email attachments for more info.

After you notify the agency, you have up to 1 year to file your lawsuit. Possible reasons to sue a government employee or agency can include religious or medial discrimination, workplace harassment, wrongful termination, business closure, child endangerment, negligence, whistleblower retaliation, medical malpractice, fraud etc. Compensation could be awarded for things like unpaid wages, loss of income, emotional distress, physical injury, pain & suffering, etc.

***If you do not live in NY State or NYC, please check the deadline to file the Notice of Claim in your home state and local municipality.

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