NY Construction Accident Statute of Limitations — Don't Miss Your Deadline

The Main Deadline: 3 Years (CPLR § 214)

Under New York Civil Practice Law and Rules § 214(5), personal injury lawsuits — including Labor Law § 240, § 241, and § 200 claims — must be filed within 3 years of the date of the accident.

Three years sounds like a long time. But construction accident cases take significant time to investigate, develop expert witnesses, and negotiate. Waiting until year two or three puts your attorney in a rushed position, and rushed cases settle for less. Call as soon as you're able.

The 90-Day Notice of Claim — City Property (GML § 50-e)

General Municipal Law § 50-e requires that anyone suing a municipal entity — New York City, a county, a city agency, the MTA, a public school, NYCHA, a hospital district — must first file a Notice of Claim within 90 days of the accident.

This applies to construction accidents that happen:

• On a NYC DOT or DOE project
• At a public school under construction or renovation
• At an MTA facility or subway station
• On a NYCHA housing project
• On any property owned or managed by a city or county agency

The Notice of Claim isn't a lawsuit — it's a formal written notice informing the government of the accident, your injuries, and your intent to make a claim. But if you miss the 90-day window, you generally lose the right to sue that entity entirely. Courts have denied late-notice applications even for seriously injured workers.

Workers' Compensation: 2-Year Deadline

Under Workers' Compensation Law § 28, you must file a formal workers' compensation claim within 2 years of the date of the accident (or the date you knew or should have known the injury was work-related).

Separate from the formal claim deadline: you must notify your employer of the injury within 30 days. Failure to give proper notice can result in denial of benefits, though courts sometimes excuse late notice if the employer had actual knowledge.

Workers' comp and a personal injury lawsuit are separate claims. Filing one doesn't extend the deadline for the other.

The Discovery Rule — Latent Injuries

Most construction accidents cause immediate, obvious injuries. But some don't. Exposure to toxic substances on a job site — asbestos, silica dust, lead paint — can cause injuries that don't appear for years.

For latent or "toxic tort" injuries, New York applies a "discovery rule": the statute of limitations clock typically starts when you discover — or reasonably should have discovered — that you were injured and that the injury was caused by your work exposure. This can significantly extend the window to file. But the analysis is fact-specific, and you should speak with an attorney about your particular situation.

How the Statute of Limitations Can Be Tolled

"Tolling" means the deadline clock pauses. In New York, the statute of limitations can be tolled in limited circumstances:

• Infancy: If the injured person was under 18 at the time of the accident, the 3-year period generally doesn't begin until they turn 18.
• Mental incapacity: If you were mentally incapacitated at the time of the accident, the period may be tolled until capacity is regained.
• Defendant absent from NY: If a defendant is outside New York and evading service, that time may not count toward the 3 years.
• COVID-19: New York courts issued specific COVID-19 tolling orders that may affect cases from 2020. An attorney can analyze whether they apply to your situation.

What "Date of Accident" Means Legally

For most construction accidents, the statute of limitations runs from the date you were physically injured — the day you fell, the day the equipment failed, the day the object struck you. There is no grace period if you didn't go to the doctor right away. The date is the date. An attorney can help you pin down the exact date if there's ambiguity, especially for cumulative injury claims.

Frequently Asked Questions