Statute of Limitations
New York: 3 years from injury for civil lawsuits; workers' comp must be reported within 30 days and filed within 2 years
3 years (civil lawsuit); report to workers' comp within 30 days of injury
Where to File in New York
New York construction accident claims are filed in Supreme Court (the state's general trial court) in the county where the project is located. New York City cases often proceed in Manhattan (New York County) Supreme Court or the county where the building sits. There is no federal MDL for standard construction tort claims.
New York's statute of limitations for personal injury is three years from the date of injury (CPLR § 214(5)). This is longer than most states and applies to scaffold falls, crane accidents, electrical injuries, and other construction site torts filed under Labor Law or common law negligence.
New York Labor Law §§ 240 and 241 are the most powerful plaintiff-side construction injury statutes in the country. Labor Law § 240 (the Scaffold Law) imposes absolute (strict) liability on property owners and general contractors for gravity-related injuries — falls from scaffolds, ladders, and roofs, and objects falling onto workers. Comparative negligence is not a defense. Labor Law § 241(6) imposes liability for violations of the Industrial Code (12 NYCRR Part 23), and Labor Law § 200 codifies the common law duty to maintain a safe workplace. These statutes apply even if the worker is employed by a subcontractor.
New York's workers' compensation law (WCL § 11) bars direct suits against a direct employer, but third-party claims against general contractors, owners, and other subcontractors are expressly preserved and frequently pursued under Labor Law §§ 240/241. OSHA Region 2 (headquartered in New York City) is among the most active enforcement regions in the country; OSHA citations and fatality investigation reports are routinely used as evidence in Labor Law litigation.
Exposure in New York
Source: OSHA Construction Industry Statistics
Source: BLS Census of Fatal Occupational Injuries 2024
Source: People's Justice construction accident case results
Your Legal Team
Elena Vargasova
Senior Partner
New York, NY
Elena Vargasova has spent 22 years representing New York construction workers in Labor Law §240 and §241(6) litigation, recovering more than $120 million for scaffold fall, crane accident, and falling object victims. Her civil engineering background gives her an unmatched ability to analyze scaffold load calculations, crane assembly specifications, and structural deficiencies — the technical foundation of NY construction accident litigation. Elena has represented members of Sandhogs Local 147, LIUNA Local 79, Ironworkers Local 40, and United Brotherhood of Carpenters Local 608, and is known in the union community as one of the premier construction accident attorneys in the New York metropolitan area. She has tried 14 Labor Law §240 cases to verdict and has never lost a trial on liability.
Education
- J.D., Columbia Law School (2004)
- B.S., Civil Engineering, Cornell University (2001)