What Is the Statute of Limitations for Construction Accident Lawsuits in New York?

Intersection of Labor Laws and the Statute of Limitations 

Understanding how the statute of limitations interacts with New York’s labor laws is critical to preserving your legal rights. 

What Is the Statute of Limitations? 

In general, the statute of limitations for personal injury claims, including construction accidents, is three years from the date of the injury under CPLR § 214(5). However, certain claims—particularly those involving municipal entities—may have much shorter notice deadlines. 

Labor Law and Timely Filing 

Even though Labor Law 240 and 241 impose strict liability on owners and contractors, the three-year time limit still applies. If your claim involves: 

• A private property owner or developer, the three-year statute usually governs. 
• A city or state agency, such as the NYC Department of Transportation, you may have as little as 90 days to file a Notice of Claim and one year and 90 days to file a lawsuit. 

Failing to meet these deadlines can permanently prevent you from recovering compensation. 

Are There Any Exceptions to the Statute of Limitations for Construction Accidents? 

Yes, there are limited exceptions, but they must be assessed on a case-by-case basis. 

Discovery Rule 

While New York generally adheres to a strict accrual date (i.e., the clock starts running on the day of the injury), some exceptions may apply: 

• Toxic exposure cases: If your injury was not immediately apparent (e.g., asbestos exposure), the statute may begin when the injury is discovered or should reasonably have been discovered. 
• Minor plaintiffs: If the injured person is under the age of 18, the statute is tolled until they reach adulthood—but this tolling has limits. 
• Mental incapacity: In rare cases, the statute may be tolled if the injured person is deemed mentally incompetent and unable to understand their legal rights. 

These exceptions are narrow and require substantial evidence. It is crucial to speak with a qualified attorney immediately to determine if your case qualifies. 

How to Know If You Have a Valid Construction Accident Case 

Many injured workers are unsure whether their case qualifies for legal action beyond workers’ compensation. The following criteria often indicate a strong civil claim under New York labor laws: 

Potential Indicators of a Valid Case 

• You fell from a ladder, scaffold, roof, or other height. 
• You were struck by a falling object on the job site. 
• The injury occurred due to missing safety equipment or code violations. 
• You were working on an active construction site (not just performing maintenance). 
• The injury was caused by someone other than your direct employer (e.g., a general contractor or property owner). 

While workers’ compensation typically bars lawsuits against your direct employer, Labor Law 240 and 241 allow you to sue third parties, such as the property owner or general contractor. 

An experienced construction accident attorney will review your medical records, incident reports, site conditions, and employment structure to determine whether a third-party negligence or Labor Law claim is viable. 

How Long Does It Typically Take to Resolve a Construction Accident Lawsuit? 

Construction accident lawsuits can take anywhere from several months to a few years, depending on the facts of the case, number of parties involved, and whether the matter settles or goes to trial. 

Typical Timeline Breakdown 

• Investigation and Filing (0–6 months): Your attorney will gather evidence, consult experts, and file the initial complaint. 
• Discovery Phase (6–18 months): This involves depositions, records exchange, and expert analysis. 
• Settlement Negotiations or Mediation (12–24 months): Many cases are resolved during or shortly after discovery through settlement. 
• Trial and Verdict (18–36 months): If settlement is not achieved, the case will proceed to trial. Trials are scheduled based on court calendars and can be delayed due to court backlog. 

Factors That Influence Duration 

• Severity and complexity of the injury 
• Number of defendants and crossclaims 
• Whether OSHA or DOB (Department of Buildings) investigations are involved 
• Court scheduling and availability of expert witnesses 

Even if the case settles, it often takes time to achieve full and fair compensation. Our firm’s experience allows us to accelerate case development while maximizing recovery. 

Can the New York statute of limitations for construction accident lawsuits be extended?

In a limited number of situations, the New York statute of limitations might be extended or “tolled” if, for example, the injured party has not yet reached the age of majority or has a mental disability that affects his or her ability to file a lawsuit.

Parties who have been injured in construction accidents, however, should never assume that the statutory deadlines can be extended in their cases.

Failure to file a lawsuit within the prescribed limits will generally result in the dismissal of a lawsuit and the loss of a party’s right and opportunity to collect damages for construction accident injuries.

How can construction accident victims make sure to meet NY State deadlines?

An injured construction accident victim can best assure compliance with the deadlines imposed by the New York Statute of Limitations by:

• Procuring prompt medical diagnosis and treatment of all injuries and following all instructions from treating physicians
• Notifying the employer about the accident, preferably in writing and, if available, on an accident report form provided by the employer
• Retaining evidence about the accident, including notations of the date, time, and location of the incident, names and contact information of all eyewitnesses, and a narrative of what the injured victim was doing when the accident happened
• Keeping clear copies of all records, medical bills and invoices, and other costs and expenses associated with injuries
• Contacting a knowledgeable construction accident lawyer, regardless of how minor the injuries might appear to be at first

The accident victim’s lawyer will advise him or her on how best to proceed to recover the largest available compensation and verify that all claims are properly filed well before the statute of limitations expires.

Why Timing and Legal Guidance Matter 

Construction accident cases are time sensitive. Evidence disappears, witnesses relocate, and statutory deadlines approach quickly. At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, our team moves swiftly to preserve your rights and secure the compensation you’re entitled to under the law. 

Our attorneys have decades of experience navigating New York’s complex labor statutes, identifying liable third parties, and ensuring that every filing deadline is met. Whether your injury was caused by a falling object, defective equipment, or hazardous site conditions, our firm is prepared to take decisive legal action on your behalf.