What is New York’s Statute of Limitations on Construction Accidents?
After being injured in a construction accident in New York, it is crucial to consult a lawyer as soon as possible to understand your rights, legal options, and the time frame you have to file a lawsuit against the parties responsible for your injuries. At Lever & Ecker, our New York construction accident lawyers offer free case evaluations to help you better understand your situation, and you won’t pay us anything unless we secure a recovery in your case.
Daniel G. Ecker
Founding Partner
After a construction accident in New York, the state’s statute of limitations generally allows you three years from the date of the accident to file a lawsuit. If you miss this deadline, your claim will be permanently barred. However, there are exceptions to this rule, sometimes shortening this deadline, which is why it’s crucial to contact a lawyer as soon as possible after an accident.
Topics On This Page
- Are There Exceptions to the Construction Accident Statute of Limitations in New York?
- Who Can Be Held Liable for Your Injuries After a Construction Site Accident in New York?
- Are You Eligible to File a New York Construction Accident Case?
- Risks of Not Filing a Construction Accident Claim on Time in New York
- How Can a New York Construction Accident Lawyer Help?
- Trust Lever & Ecker’s New York Construction Accident Lawyers
Are There Exceptions to the Construction Accident Statute of Limitations in New York?
Though most construction accident cases in New York have a three-year time limit, there are some exceptions to the statute of limitations.
Time limit for Claims Involving a Constuction Workers Death
In cases of wrongful death, where a construction accident caused a fatal injury to a worker, the worker’s family has two years from the date of their loved one’s death to file a lawsuit.
Time Limit for Claims Against a Municipal Entity
If the injury occurred while working on a government project or otherwise involved a municipal entity, you may have as little as 90 days to file a notice of claim, then just one year and 90 days to file a lawsuit against that municipal entity.
Even though exceptions are rare, it is still important to consult an experienced New York construction accident attorney to be certain about the deadlines for filing your claim. Missing thes deadlines – and there can be different deadlines in the same case – could have serious consequences, and you could lose your legal right to recover compensation.
Who Can Be Held Liable for Your Injuries After a Construction Site Accident in New York?
In most construction accident cases, workers cannot sue their own employers—they instead seek reimbursement through workers’ compensation benefits. However, if a third party, such as a construction site owner or contractor in New York, was responsible for the accident, workers may file a so-called third-party lawsuit against them to recover compensation for their injuries and other applicable damages.
New York Labor Laws Require Strict Safety Standards on Job Sites
New York has a number of safety regulations in place to protect construction workers. For example, New York Labor Law § 241(6) requires contractors, owners, and their agents to provide proper safety measures in all active work areas. The law sets out specific requirements for the construction and operation of construction, demolition, and excavation sites to provide reasonable and adequate protection and safety for workers. If property owners or contractors fail to comply with these regulations, workers can be seriously injured, and the property owners or contractors responsible can be held legally liable.
Why a Third-Party Lawsuit Can Provide Greater Compensation
Through a third-party lawsuit against a negligent contractor or property owner, workers can recover far more extensive damages than workers’ compensation benefits, including damages for pain and suffering (including surgeries), emotional distress, and lost business opportunities. For this reason, it’s crucial to contact an experienced construction accident lawyer at Lever & Ecker as soon as possible so you don’t miss your chance to file.
Are You Eligible to File a New York Construction Accident Case?
New York construction workers face some of the most dangerous job site hazards of any occupation in the U.S., and construction accidents happen every day. Many of these accidents could be avoided if contractors and property owners followed proper safety procedures under New York State and City laws and federal OSHA guidelines. The vast majority of construction injuries in New York are caused by the following types of accidents:
- Scaffolding Accidents
- Ladder Accidents
- Fall Accidents
- Trench and Excavation Accidents
- Crane Accidents
- Electrical Accidents
- Heavy Machinery Accidents
- Struck-by Object Accidents
- Caught-in or Caught-between Accidents
- Exposure to Hazardous Substances
If you or a loved one was injured in any type of construction accident in New York, you may be eligible to file a construction accident lawsuit to recover compensation for your injuries and other losses.
Risks of Not Filing a Construction Accident Claim on Time in New York
When construction accidents occur, they can have devastating consequences for workers and their families. To recover compensation for their injuries and other losses, including noneconomic damages like pain, suffering, and emotional distress, workers and their families must file a lawsuit within the applicable statute of limitations. Otherwise, they will lose their legal right to recover damages through the courts. Again, the reimbursement available through workers’ compensation benefits is significantly lower than the compensation potentially available in a lawsuit. Workers’ compensation benefits generally only cover medical bills and some lost wages.
How Can a New York Construction Accident Lawyer Help?
When dealing with the aftermath of a construction accident in New York, high-quality legal representation is critical. At Lever & Ecker, our attorneys work diligently to help injured construction workers across the state understand if they are within the statute of limitations for filing a case. Our approach is simple: we listen to you, guide you, and take care of what needs to be done as soon as possible. We provide the resources you need to make informed legal decisions, and we are always prepared to go to trial if necessary. Our attorneys can assist with:
- Gathering evidence
- Identifying all liable parties
- Identifying any exceptions that apply to your case
- Filing the proper paperwork on time to meet deadlines
- Determining the value of your case
- Representing you in negotiations with insurers and negligent parties
- Litigating your case in court and, if necessary, going to trial for you
Trust Lever & Ecker’s New York Construction Accident Lawyers
With more than 70 years of combined experience, Lever & Ecker’s award-winning New York personal injury lawyers are committed to helping injured workers get justice and compensation for their losses. We genuinely care about making a difference in our community, and we provide top-tier legal representation with an open line of communication to every client.
Sinade W.
From our offices in White Plains, the Bronx, and Queens, Lever & Ecker serves injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you. If you or a loved one was injured in a New York construction accident, reach out to Lever & Ecker to learn more about how the statute of limitations applies to your case. Contact us online or call one of our offices:
- White Plains: (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
"*" indicates required fields
"*" indicates required fields
