Content reviewed by:
Alex Shulman
When you are struck by a falling object in New York, parties who can be held responsible include the property owner, property manager, contractors, and equipment manufacturers. After being injured by their actions, you may be able to recover compensation for your damages.
If you are an employee of the site where you were hurt, you must rely on your workers’ compensation benefits to cover your losses. You may file a lawsuit against your employer only in specific circumstances. It’s smart to consult with an attorney to know your options.
Our New York City workers’ compensation lawyers can explain applicable laws and fight for the compensation you deserve. Our team has over 200 years of combined legal experience advocating for injured New Yorkers. Call today to schedule your free consultation.
What Is Workers’ Compensation in New York?
Workers’ compensation is a no–fault insurance system that provides benefits to employees who are injured or become ill as a result of their job. Most employers are required to carry coverage, and in exchange, employees generally cannot sue their employer for negligence.
That means, if you are an employee who is struck by a falling object, you must file a claim through the New York Workers’ Compensation system to cover your medical bills and a portion of your lost wages. However, it does not cover pain and suffering or full wage replacement.
For most injured workers, workers’ compensation is the main recourse. However, some exceptions under New York Labor Laws may allow you to hold someone legally responsible if you are struck by a falling object.
Who Could Be Liable if a Falling Object Injures a Worker?
Under New York Labor Law § 240(1), property owners and general contractors can be held strictly liable when a worker is injured due to inadequate protection from elevation-related hazards, including falling objects.
The injured worker does not need to prove negligence, only that proper safety devices were not provided at the job site. Liability may also extend to subcontractors if they had control over the work or site conditions.
When Can You Sue Your Employer for a Workplace Injury?
In most New York workplace injury cases, you can’t sue your employer directly because workers’ compensation is considered the exclusive remedy. However, there are limited exceptions, such as:
- You may bring a lawsuit against your employer if they intentionally caused your injury or engaged in egregious misconduct that goes beyond ordinary negligence.
- You may file a civil lawsuit if your employer does not carry the legally mandated workers’ compensation insurance.
- If the employer acted in a dual capacity, meaning aside from serving as your employer, you may have the right to sue outside the workers’ compensation system.
New York labor and workers’ compensation laws are complex. It’s smart to consult with an attorney if you are considering a lawsuit against your employer. Our team can explain how workers’ compensation works in NYC.
What Happens When a Third Party Injures a Worker in NY?
When someone other than the employer or a co-worker causes a workplace injury, the injured worker may pursue a personal injury lawsuit in addition to filing for workers’ compensation benefits. Third parties can include entities such as :
- Contractors
- Subcontractors
- Property owners
- Equipment manufacturers
- Drivers
- Maintenance Companies
This means that if you are struck by a falling object, a third-party lawsuit allows you to seek full damages, including pain and suffering, emotional distress, and lost wages.
What Are Premises Liability Laws in New York?
Premises liability laws in New York require property owners, managers, and tenants to maintain reasonably safe conditions for those who enter the property.
If you were struck by a falling object and not an employee, the parties you may be able to hold responsible include:
- Property owners
- Property Managers
- Contractors and Subcontractors
- Architects and Engineers
- Third Parties
In some cases, more than one party may be responsible for your injuries. A successful lawsuit depends on your attorney proving that a dangerous situation existed, the liable party knew or should have known it existed, and they failed to remedy or warn you about it.
Get Help from Our Workers’ Compensation Attorneys
In New York, property owners, managers, or contractors are among those who could be held responsible if you are struck by a falling object. However, if you are an employee of the facility, you must seek restitution through New York’s workers’ compensation system first.
Property owners and managers in New York have a legal obligation to maintain safe conditions for those who visit or pass by. Contractors, too, are expected to maintain safety standards or face personal injury lawsuits.
Our team at Shulman & Hill has recovered more than $1 billion for injured accident victims. Every Borough, Every Block, New York, We Got You. If you’ve been injured by a falling object as a worker or visitor to a site, call today for your free consultation.
