Content reviewed by:
Alex Shulman
At Shulman & Hill Injury Lawyers, we represent workers injured by falling tools, materials, and unsecured loads. Since opening in 2013, we have helped New Yorkers pursue workplace benefits and hold responsible parties accountable. Our experience with construction accidents and New York Labor Law informs how we investigate these claims.
A falling object accident lawyer in the Bronx from our team can review the work being performed, the available safety equipment, and the companies involved. We explain whether workers’ compensation, a separate lawsuit, or both may be available.
Schedule a free, confidential consultation with a Bronx workers’ compensation lawyer to learn how we can help.
Where Falling Object Accidents Occur in the Bronx
Falling objects create hazards on construction sites, in warehouses, inside stores, and during building maintenance. Deliveries and stockroom tasks can expose you to these risks just as construction work can. Your activity and the circumstances of the accident help determine your legal options.
In the Bronx, where Hunts Point supports extensive food distribution operations, loading and storage safety are relevant concerns. Unstable stacks, damaged shelving, and inadequately secured cargo can put people working below or nearby at risk. Construction hazards also include dropped tools, demolition debris, and loads shifting during lifting.
Several businesses may share a work area without having the same responsibilities. Our Bronx personal injury lawyers investigate who handled the materials, controlled the equipment, or had a duty to address the hazard.
Protecting Your Health and Recording the Accident
Move away from continuing danger and get medical attention. Falling objects can cause brain injuries, broken bones, spinal injuries, and crushing injuries. Describe how you were struck and report all symptoms, including those without visible wounds.
Once your immediate medical needs are addressed:
- Notify your employer and keep a copy of your written report.
- Record the time, location, and object involved.
- Collect witness names and contact information.
- Photograph the scene only if you can do so safely.
- Save damaged clothing or protective gear without altering it.
Continue recommended treatment and tell your provider about changes in your condition. Medical records help document your recovery, work restrictions, and the relationship between the accident and your injuries.
Workers’ Compensation Benefits for Falling Object Injuries
New York workers’ compensation generally covers eligible work-related injuries without requiring proof that your employer was negligent. You do not have to work in construction to qualify. Benefits depend on your employment, injury, and medical evidence.
Available benefits may include:
- Necessary medical treatment, including surgery, prescriptions, and rehabilitation.
- Payments replacing part of your lost wages.
- Awards for qualifying permanent impairments.
You may receive medical benefits while continuing to work, even if you have not missed a shift. Workers’ compensation does not cover pain and suffering. If the insurer disputes treatment, work restrictions, or the cause of your injury, we can help present supporting evidence and challenge the decision.
Can You Sue Someone Other Than Your Employer?
Workers’ compensation generally limits lawsuits against your employer for a covered injury. A separate claim may be available against an outside party whose negligence or violation of an applicable law caused your injuries.
For example, an unrelated delivery company may have improperly secured a load before unloading it. A building owner may bear responsibility for a dangerous storage condition. We examine each party’s duties and conduct rather than assuming every company at the location is liable.
If you were injured as a customer or passerby, your options may involve a premises liability or other negligence claim. Our Bronx falling object accident attorneys assess your role at the scene and identify the evidence needed to establish responsibility.
Construction Accidents and New York Labor Law
Construction workers may have protections beyond those available under an ordinary negligence claim. Shulman & Hill has significant experience evaluating these laws, including the requirements that distinguish a valid falling-object claim from an accident outside its coverage.
When the Scaffold Law Applies
Labor Law Section 240(1), known as the Scaffold Law, addresses certain elevation-related hazards during covered work. Covered owners, contractors, and their agents can face strict liability when a violation involving required safety devices causes a worker’s injury. Certain one- and two-family homeowners are exempt.
We examine whether the object was being lifted, was being secured, or needed to be secured for the task. The object’s weight, the fall distance, and the available hoists, ropes, or slings can help determine whether the law applies. Simply showing that something fell is insufficient.
A worker’s ordinary carelessness does not defeat an otherwise valid Section 240(1) claim. However, there is no liability under this section when the worker’s conduct was the sole proximate cause of the accident, and no statutory violation contributed.
Other Construction Safety Duties
Section 241(6) may apply when a specific Industrial Code violation causes an injury during covered construction, demolition, or excavation. General statements about safety are not enough to support this claim.
Section 200 and ordinary negligence law may also apply. For unsafe work methods, we examine authority to supervise or control the work. For property hazards, we investigate who created the condition or had actual or constructive notice of it.
How Our Bronx Falling Object Accident Lawyers Investigate Claims
Our in-house investigations focus on what allowed the object to fall and what should have prevented it. Photographs, witness accounts, and incident reports can establish the sequence of events. Inspection records, delivery documents, and contracts can clarify each company’s responsibilities.
We also seek relevant surveillance footage, maintenance logs, and available safety investigation records. These materials may reveal damaged restraints, storage problems, or earlier reports of unsafe conditions. Requesting preservation early helps protect records from routine deletion.
Your treatment records, pay stubs, and work restrictions document the consequences of the injury. When necessary, we consult qualified professionals to explain equipment failures, securing methods, or future medical needs.
Compensation and the Effect on Your Benefits
A third-party injury claim may seek payment for medical expenses, lost income, reduced earning ability, and pain and suffering. Future losses require evidence, such as a treatment plan or medical opinion about permanent restrictions. We evaluate those losses individually rather than assigning a standard value to a particular injury.
A workers’ compensation insurer may have a lien on your recovery and a credit that affects future benefits. Required written consent or court approval must be addressed before settlement to protect ongoing benefits. We review these obligations when advising you about an offer.
Filing Deadlines After a Bronx Falling Object Accident
You generally must notify your employer in writing within 30 days and file your workers’ compensation claim with the Board within two years. These are separate requirements, and exceptions may apply.
Many personal injury lawsuits have a three-year filing deadline. Claims involving public entities may require notice within 90 days and have shorter deadlines for filing lawsuits. We check the applicable rules before you rely on a general time limit.
Discuss Your Claim With a Bronx Falling Objects Accident Attorney at Shulman & Hill
Whether the accident occurred during a delivery, a repair, or construction work, we can explain which claims apply to the circumstances. Our team handles workers’ compensation and related injury lawsuits, including the decisions that affect both.
Contact a falling object accident attorney in the Bronx at Shulman & Hill for a free, confidential consultation. We work on a contingency basis and offer consultation visits as needed. Share what happened and the records you have so we can discuss a practical next step.
