New York Countertop Silicosis Lawsuit
Updated March 2026
New York At a Glance
- Statute of Limitations: 3 years
- SOL Type: Discovery rule applies
- Workers' Comp: New York workers' compensation does not bar a separate product liability lawsuit against stone manufacturers, distributors, or retailers. These are entirely separate legal remedies.
- State Bar: New York Bar Association →
- Major City: New York City
- Major City: Buffalo
- Major City: Rochester
Filing Deadline in New York
New York has a 3-year statute of limitations for personal injury and product liability claims. New York City has a large countertop fabrication industry. The discovery rule applies — the 3-year period may start from the date of diagnosis or when you learned the connection between your illness and engineered stone exposure.
⚠️ Important: Many workers don't connect their lung disease to engineered stone until years after exposure. Under the discovery rule, your deadline may start from when you discovered the connection. Don't assume you've missed your window — consult an attorney.
Workers' Compensation & Your Lawsuit Rights in New York
New York workers' compensation does not bar a separate product liability lawsuit against stone manufacturers, distributors, or retailers. These are entirely separate legal remedies.
You can pursue both workers' compensation benefits and a product liability lawsuit against stone manufacturers simultaneously in most cases. An attorney can advise on coordination rules specific to New York.
Do You Qualify? — New York Stone Workers
To have a viable silicosis claim in New York, you generally need to show:
- You worked with engineered stone countertops — cutting, grinding, polishing, installing, or fabricating
- You have been diagnosed with silicosis, PMF, lung cancer, or another occupational lung disease — or have significant respiratory symptoms after fabrication work
- You were not adequately warned about silicosis risks or provided proper respiratory protection
- You are within New York's 3-year filing window (discovery rule may extend this)
Free Case Review — New York Residents
Find out in 2 minutes if you may qualify for a countertop silicosis claim. Free, confidential, no obligation. ¿Habla español? Podemos ayudarle.
Check My Eligibility → Frequently Asked Questions — New York
How long do I have to file a silicosis lawsuit in New York?+
New York product liability claims are evaluated under a 3-year limitations framework. However, the exact deadline depends on when your lung disease was diagnosed, when you connected your illness to engineered stone exposure, and applicable tolling rules. Many workers only recently learned the connection — the discovery rule may mean your deadline starts from your diagnosis date or date of knowledge.
Does New York use a discovery rule for silicosis claims?+
New York generally follows a discovery framework for product liability claims. Under the discovery rule, the limitations period starts when you knew or reasonably should have known your lung disease was connected to engineered stone exposure — not necessarily when you first developed symptoms.
Does workers' comp prevent me from suing stone manufacturers in New York?+
New York workers' compensation does not bar a separate product liability lawsuit against stone manufacturers, distributors, or retailers. These are entirely separate legal remedies.
Does my immigration status affect my silicosis claim in New York?+
No. Your immigration status does NOT affect your right to file a product liability lawsuit in New York. Product liability law protects all workers on US soil regardless of immigration status. Your personal status is protected and cannot be used as a defense by stone manufacturers.
Is there a cost to evaluate a silicosis claim in New York?+
No upfront cost. Attorneys handling countertop silicosis cases work on contingency — they only get paid if you receive compensation. The initial case evaluation is free and confidential.
Disclaimer: This page provides general information about New York's statute of limitations for product liability claims. It is not legal advice. Individual deadlines and eligibility depend on specific facts that only a licensed New York attorney can evaluate. Your immigration status does not affect your rights.