New York Construction Accident Statute of Limitations — 2026 Complete Guide

In New York, you generally have three years from the date of a construction accident to file a personal injury lawsuit (CPLR §214). For wrongful death claims, the deadline is two years. Workers’ compensation claims must be filed within two years, with employer notification within 30 days. Missing these deadlines can permanently bar your claim. Gorayeb & Associates has spent over 40 years helping injured construction workers across New York City file their claims on time and recover the maximum compensation available.

But the 3-year rule is just the starting point. Different types of construction accident claims have different deadlines, and some deadlines are much shorter than you might expect. If your accident involved a government entity — a city agency, the MTA, or a state construction project — you may have as little as 90 days to file a notice of claim. And for toxic exposure injuries like asbestos or silica dust, the clock may not start until you discover the injury. This guide covers every deadline you need to know.

Key Filing Deadlines at a Glance

• CPLR §214 — 3-Year Personal Injury SOL: You have three years from the date of a construction accident to file a personal injury lawsuit in New York Supreme Court. Applies to third-party lawsuits under Labor Law §240(1), §241(6), and §200.
• EPTL §5-4.1 — 2-Year Wrongful Death SOL: The personal representative of a deceased construction worker must file a wrongful death lawsuit within two years of the date of death (not the date of the accident).
• WCL §18 — 30-Day Employer Notice: Workers’ Compensation Law requiring written notice of the injury to your employer within 30 days of the accident.
• WCL §28 — 2-Year Workers’ Comp Filing: You have two years from the date of injury to file a workers’ compensation claim with the Workers’ Compensation Board.
• GML §50-e — 90-Day Government Notice of Claim: If your construction accident involved a government entity (NYC, MTA, state agency), you must file a notice of claim within 90 days of the accident. This is a condition precedent to filing a lawsuit.
• CPLR §214-c — Toxic Exposure Discovery Rule: For injuries caused by toxic substances (asbestos, silica, chemicals), the 3-year statute of limitations runs from the date you discovered or should have discovered the injury, not the date of exposure.

Construction Accident Filing Deadlines in New York

How Long Do I Have to File a Construction Accident Lawsuit in New York?

For most construction accidents, you have three years from the date of the accident to file a personal injury lawsuit under CPLR §214. This 3-year statute of limitations applies to third-party lawsuits — claims against property owners, general contractors, subcontractors, and equipment manufacturers under New York Labor Law §240(1) (the Scaffold Law), §241(6) (Industrial Code violations), and §200 (general duty of care).

Three years may sound like plenty of time, but construction accident cases involve complex evidence that deteriorates rapidly. Job sites change within hours. Equipment is moved or repaired. Witnesses leave the project. OSHA inspection reports must be requested promptly. The longer you wait, the harder it becomes to build a strong case — even if you are technically within the deadline.

Important: The 3-year statute of limitations applies to the third-party personal injury lawsuit only. Workers’ compensation has a separate, shorter timeline (see below). And if your accident involved a government entity, your deadline may be as short as 90 days.

What Is the Statute of Limitations for Wrongful Death in NY?

If a construction worker dies as a result of a workplace accident, the personal representative of the worker’s estate has two years from the date of death to file a wrongful death lawsuit under EPTL §5-4.1. The critical distinction: the clock starts from the date of death, not the date of the accident. If a worker is injured in a scaffold collapse in January and dies from those injuries in June, the 2-year deadline runs from June.

Wrongful death claims in construction are often brought under Labor Law §240(1), which imposes absolute liability on property owners and general contractors for gravity-related fatalities. Damages can include lost financial support, loss of parental guidance for children, funeral and burial expenses, and the pain and suffering the worker experienced between the injury and death. These claims are separate from any workers’ compensation death benefits the family may be receiving.

Do I Have to Notify My Employer Within 30 Days of a Work Injury?

Yes. Under WCL §18, you must give your employer written notice of a work-related injury within 30 days of the accident. This is the shortest deadline in any construction accident case, and missing it can put your entire workers’ compensation claim at risk.

The 30-day notice is a condition of your workers’ comp claim. If you fail to give timely notice, the Workers’ Compensation Board may deny your claim — unless the board finds that your employer already had actual knowledge of the accident or that your failure to notify did not prejudice the employer. These are narrow exceptions, and relying on them is risky.

After providing notice, you have two years from the date of the accident to file a workers’ compensation claim with the Workers’ Compensation Board (WCL §28). For occupational diseases, the 2-year deadline runs from the date of disablement or the date you knew or should have known the disease was related to your employment.

The 90-Day Rule: Claims Against Government Entities

If your construction accident occurred on a project involving a government entity — such as the City of New York, the MTA, or a state construction project — you must file a notice of claim within 90 days of the accident under General Municipal Law §50-e. This is the most commonly missed deadline in construction accident cases, and it can cost you your entire case.

The notice of claim is a formal, sworn document that must describe the nature of the claim, the time and place of the accident, and the injuries sustained. It must be served on the government entity’s designated agent. Without this notice, you cannot file a lawsuit — period. The court has discretion to grant late notice in limited circumstances, but courts in New York apply this discretion narrowly.

This 90-day requirement applies to a wide range of construction scenarios: projects on city-owned property, work performed for the NYC Department of Buildings, MTA infrastructure projects, state highway construction, public school building projects, and any job site where a public corporation is involved. Many injured workers do not realize their employer’s job site is a government project until it is too late.

Toxic Exposure: When the Clock Starts Later

For construction workers exposed to toxic substances — asbestos, silica dust, lead, solvents, and other hazardous chemicals — the standard 3-year statute of limitations does not apply. Instead, CPLR §214-c provides that the 3-year clock starts from the date the injury was discovered or should have been discovered through reasonable diligence, not from the date of exposure.

This is the discovery rule, and it exists because toxic exposure injuries often take years or decades to manifest. A construction worker who breathed asbestos fibers on a demolition site in 2010 might not develop mesothelioma until 2025. Under the standard rule, the case would be time-barred. Under CPLR §214-c, the 3-year clock starts when the worker receives a diagnosis or when a reasonable person in the same situation would have discovered the injury.

The discovery rule also affects the 90-day notice of claim for government entities. Under CPLR §214-c(3), the notice of claim deadline for toxic exposure injuries runs from the date of discovery, not the date of exposure. This is critical for workers who were exposed to hazardous materials on government construction projects.

Exceptions That May Extend Your Deadline

New York law recognizes several circumstances that can toll (pause) the statute of limitations:

• Minor at time of injury: If the injured person was under 18 at the time of the accident, the statute of limitations is tolled until they turn 18. The 3-year clock then begins on their 18th birthday. For example, if a 16-year-old laborer is injured on a construction site, the 3-year statute of limitations under CPLR §214 would not begin running until their 18th birthday, giving them until age 21 to file. This tolling applies to both the personal injury claim and the wrongful death claim under EPTL §5-4.1.
• Mental incapacity: If the injured worker is mentally incapacitated as a result of the injury — for example, a severe traumatic brain injury sustained in a scaffold collapse or a fall from height — the statute of limitations may be tolled for the duration of the incapacity. The incapacity must be continuous. If the worker regains capacity, the clock resumes from where it was paused. A court-appointed guardian may also file on behalf of the incapacitated worker during this period.
• Defendant leaves New York: Under CPLR §207, if the person or company you intend to sue leaves New York after the cause of action accrues, the time they are absent from the state may not count toward the statute of limitations. This is particularly relevant in construction cases where subcontractors or equipment manufacturers are based out of state and may not maintain a continuous presence in New York. However, this tolling provision does not apply if the defendant can be served with process despite being outside the state.
• Criminal action pending: For wrongful death claims under EPTL §5-4.1, if a criminal action has been commenced against the defendant in connection with the death, the estate has at least one year from the termination of the criminal action to file the wrongful death lawsuit. This can be significant in construction fatality cases where the district attorney pursues criminal charges against a contractor or property owner for safety violations that led to the death.
• Continuous treatment doctrine: In some cases involving ongoing medical treatment for a construction injury, the statute of limitations may be tolled while the injured worker is under continuous treatment by the same provider for the same condition. This doctrine is more commonly applied in medical malpractice, but it can intersect with construction accident cases when delayed diagnosis or treatment complications are involved.

These exceptions are narrow and fact-specific. Courts in New York interpret tolling provisions strictly, and the burden of proving a tolling exception falls on the injured worker. Do not assume a tolling exception applies to your case without consulting a lawyer. The safest approach is always to act within the standard deadline whenever possible.

Why Acting Quickly Matters — Even Within the Deadline

Even if you are well within the statute of limitations, waiting to contact a lawyer can damage your case:

• Evidence disappears: Construction sites change daily. Equipment is moved, debris is cleared, scaffolding is disassembled. Photographic and physical evidence must be documented before the site changes. A lawyer can arrange for an investigator to visit the site, photograph conditions, and preserve defective equipment before it is repaired, modified, or discarded. In scaffold collapse cases under Labor Law §240(1), the condition of the scaffold at the time of the accident is central to proving liability.
• Witnesses leave: Construction crews rotate between projects. Coworkers who saw your accident may move to a different job site, leave the company, or leave the state. Subcontractors finish their scope and move on. Locating and interviewing witnesses early is critical — their testimony about site conditions, safety violations, and the sequence of events leading to your injury can make or break a case.
• OSHA reports: If OSHA investigated your accident, inspection reports and citations can be powerful evidence of safety violations by the property owner, general contractor, or subcontractor. These reports should be requested promptly while the investigation is active. OSHA citations against your employer or the general contractor can support claims under Labor Law §241(6) for Industrial Code violations.
• Medical records: Continuity of medical treatment strengthens your case. Gaps in treatment give insurance companies an argument that your injuries are not as serious as you claim. Seeing a doctor immediately after the accident and following through with all recommended treatment creates a clear medical record that connects your injuries directly to the construction accident.
• Insurance company tactics: The longer you wait, the more time insurance companies have to build a defense. Adjusters may contact you early, ask for recorded statements, or offer a quick settlement far below the true value of your claim. Early legal representation levels the playing field from day one and protects you from making statements that could hurt your case.
• Multiple deadlines running simultaneously: In many construction accident cases, several deadlines run at the same time. You may need to notify your employer within 30 days (WCL §18), file a notice of claim against a government entity within 90 days (GML §50-e), file a workers’ compensation claim within 2 years (WCL §28), and file a third-party lawsuit within 3 years (CPLR §214). A lawyer can identify every applicable deadline on day one and make sure nothing is missed.

Don’t Let the Clock Run Out on Your Case

Every construction accident claim has a deadline, and some are shorter than you think. If you were injured on a construction site in New York, Gorayeb & Associates can review your case, identify every applicable deadline, and take immediate steps to protect your claim. Founded by Christopher J. Gorayeb, the firm has recovered over $2 billion for more than 10,000 injured workers over 40+ years of practice.

Frequently Asked Questions

How long do I have to file a construction accident lawsuit in NY?

You generally have three years from the date of the accident to file a personal injury lawsuit under CPLR §214. This applies to third-party claims against property owners, general contractors, and equipment manufacturers under Labor Law §240(1), §241(6), and §200. Workers’ compensation has a separate 2-year filing deadline (WCL §28) with a 30-day employer notice requirement (WCL §18). Government claims require a 90-day notice of claim (GML §50-e).

What happens if I miss the statute of limitations?

If you miss the applicable statute of limitations, the court will almost certainly dismiss your case. The defendant will raise the expired deadline as an affirmative defense, and the court has no discretion to override it except in narrow tolling situations (minors, mental incapacity, defendant’s absence from the state). For government claims, failing to file the 90-day notice of claim is an absolute bar unless the court grants a late-notice application — which is rarely granted when the government entity was not already aware of the claim.

Is there a different deadline for suing the city or MTA?

Yes. If your construction accident involved a government entity — the City of New York, the MTA, a state agency, or any public corporation — you must file a notice of claim within 90 days of the accident under General Municipal Law §50-e. This is a condition precedent to filing a lawsuit. After filing the notice of claim, you then have one year and 90 days from the date of the accident to file the lawsuit itself. The 90-day notice requirement is in addition to, not a substitute for, the underlying statute of limitations.

When does the clock start for a chemical exposure injury?

For injuries caused by toxic exposure (asbestos, silica, lead, chemical solvents), the statute of limitations is governed by CPLR §214-c, the discovery rule. The 3-year clock starts from the date you discovered or should have discovered the injury through reasonable diligence — not from the date of exposure. This applies because toxic exposure injuries often take years or decades to manifest. The discovery rule also affects the 90-day notice of claim for government entities: it runs from discovery, not exposure.

Can I still sue if my construction accident was more than a year ago?

In most cases, yes. The standard statute of limitations for a personal injury lawsuit is three years (CPLR §214), so you likely still have time to file a third-party claim. However, if your case involves a government entity, the 90-day notice of claim may have already expired. And if you have not yet filed a workers’ compensation claim, your 2-year deadline (WCL §28) is approaching. Contact a lawyer as soon as possible to evaluate which deadlines apply to your specific situation and whether any have already passed.