Content reviewed by:
Alex Shulman
If you were struck by a falling object, your legal options depend on how the accident occurred and whether you were at work at the time. At Shulman & Hill Injury Lawyers, we help you determine whether workers’ compensation, a personal injury claim, or both can address your losses.
Our firm has served over 30,000 clients and has significant experience with New York construction accident claims. A falling object accident lawyer in Brooklyn from our team can investigate who was responsible for securing the object and whether required safety protections were missing.
Contact our Brooklyn workers’ compensation lawyers for a free, confidential consultation. We will explain the claims available to you and what is needed to pursue them.
How Falling Object Accidents Happen
Falling objects can injure construction workers, warehouse employees, delivery workers, and people walking near active worksites. Common hazards include unsecured tools, unstable stacks of materials, damaged shelving, and loads that shift during lifting. Renovation debris may also fall from elevated work areas without adequate protection.
The cause is not always obvious from the object alone. A falling beam might involve a failed hoist, an improperly secured load, or poorly coordinated work. OurBrooklyn personal injury lawyers examine how the material was stored, moved, or secured and who was responsible.
Hard hats can reduce certain risks, but they do not replace safe storage, secured loads, and appropriate barriers. Falling objects can still cause brain injuries, spinal injuries, fractures, and crushing injuries. We consider the object’s weight, the fall distance, and the point of impact when investigating your claim.
What to Do After a Falling Object Injury
Get medical attention and tell your provider how the object struck you. Describe every symptom, including dizziness, numbness, confusion, or worsening pain. Seek emergency care for severe or rapidly developing symptoms.
If the accident happened at work, notify your employer as soon as possible and document that notice. New York generally requires written notice within 30 days, subject to exceptions. Ask for a copy of any incident report, but remember that an internal report does not automatically file your workers’ compensation claim.
Photograph the area and object if you can do so safely, and get witnesses’ contact information. Do not enter an unsafe area or move equipment to gather evidence. Keep discharge instructions, work restrictions, and receipts together to help document your injuries and expenses.
Workers’ Compensation After a Brooklyn Workplace Accident
If your injury arose out of and in the course of covered employment, workers’ compensation may provide benefits without proof of employer negligence. You must still establish that your injury is work-related.
Depending on your eligibility, benefits may include:
- Necessary medical care, including treatment and rehabilitation.
- Partial wage replacement during a qualifying disability.
- Benefits for certain permanent impairments.
You may receive medical benefits even if you continue working and do not lose any wages. Workers’ compensation does not cover pain and suffering. ABrooklyn falling object accident lawyer from our team can address disputed treatment, denied benefits, and disagreements about your ability to work.
When You May Have a Third-Party Claim
Workers’ compensation generally prevents you from suing your employer for a covered injury, with limited exceptions. However, another person or business may bear legal responsibility. Depending on the facts, that could include a property owner or a contractor other than your employer.
A negligence claim typically requires proof that someone owed you a duty of care, breached that duty, and caused your injuries. For example, another company may have left materials unsecured above your work area. Its presence at the site alone does not establish liability.
You may pursue workers’ compensation and a third-party case together, but the insurer may have repayment rights and a credit against future benefits. Settling without required written consent or court approval can jeopardize benefits. We evaluate these consequences before advising you on a settlement.
New York Labor Law Protections for Falling Objects
Construction workers may have claims under New York Labor Law. Our firm reviews the work being performed, the risk involved, and the protection required before determining which provisions apply.
Section 240(1): Protection From Elevation-Related Hazards
The Scaffold Law may protect workers performing covered construction, demolition, repair, and other specified activities. Falling object claims can involve materials being hoisted or secured, or objects that needed to be secured for the work. A missing or inadequate safety device must have caused the injury.
Covered owners and contractors can face strict liability even without directly supervising the work. However, not every falling object accident qualifies. Exceptions include certain owners of one- and two-family dwellings who do not direct or control the work.
Sections 241(6) and 200: Other Safety Duties
Section 241(6) may apply when a specific, applicable Industrial Code violation causes an injury during covered construction, excavation, or demolition. We identify the relevant requirement and determine whether the evidence supports a violation.
Section 200 and ordinary negligence rules may address unsafe property conditions or work practices. Liability may depend on control over the work, creation of the hazard, or actual or constructive notice of a dangerous condition.
What Compensation May Be Available?
Workers’ compensation and personal injury claims cover different losses. A valid third-party claim may allow recovery beyond workplace benefits, including compensation for pain and suffering.
Depending on the evidence, we may pursue:
- Past and future medical expenses.
- Lost earnings and reduced future earning ability.
- Rehabilitation, medication, and necessary assistive equipment.
- Pain, suffering, and loss of enjoyment of life.
Your treatment, work limitations, and expected recovery affect how we evaluate your claim. Medical opinions and employment records help establish both immediate expenses and future needs. There is no standard settlement amount based solely on the type of object or injury.
Evidence Our Brooklyn Falling Object Accident Lawyers Review
Physical evidence can disappear once work resumes or an area is cleaned. Photographs, surveillance footage, incident reports, and witness accounts may show where the object came from and how the site was arranged.
Our in-house investigations also examine delivery logs, inspection reports, maintenance histories, and safety documents. Contracts can help identify which companies controlled the materials, equipment, or work. We request the preservation of relevant records and the use of available legal procedures to obtain them.
Medical records help connect the incident to your injuries. Our falling object accident lawyers in Brooklyn compare those records with your account, work restrictions, and wage documentation to address disputes about the cause and extent of your losses.
Filing Deadlines for Brooklyn Injury Claims
A workers’ compensation claim generally must be filed with the Board within two years of the accident. This is separate from the employer-notice requirement. Exceptions may apply, but an employer’s report should not be treated as a substitute for your filing.
Many negligence lawsuits must be filed within three years. Public-entity claims may require a notice of claim within 90 days and have shorter lawsuit deadlines. Filing for workers’ compensation does not preserve a separate lawsuit.
If a lawsuit is appropriate, we explain the filing requirements and court process. Depending on the venue rules, your case may be filed in the Kings County Supreme Court, whose Civil Term is at 360 Adams Street in Brooklyn.
Discuss Your Options With a Brooklyn Falling Objects Accident Attorney at Shulman & Hill
You do not need to identify every responsible party before speaking with us. Our falling object accident attorneys in Brooklyn can review the incident, discuss your treatment, and explain which evidence can support your claims.
Call Shulman & Hill for a free, confidential consultation about your falling object injury. We handle injury cases on a contingency basis and offer consultation visits as needed. Share any reports or insurer correspondence you have so we can discuss the next steps for your case.
