What Labor Law Covers Falling Object Injury Claims?

Construction sites are among the most dangerous workplaces in New York. If you were struck by a falling object while working at one of these sites, you are probably wondering about your legal options.

So, what labor law covers falling object injuries in New York? Labor Law § 240(1) requires property owners and general contractors to provide safety devices and holds them liable for falling object injuries if they don’t.

A work injury can have both short-term and long-term financial consequences. If you were hurt at a construction site due to someone else’s negligence, a New York construction accident lawyer can help you obtain compensation.

What Labor Law Covers Falling Object Injury Claims in New York?

The primary law that covers falling object injury claims in New York is Labor Law § 240(1), commonly known as the “Scaffold Law.”

Labor Law § 240(1) requires property owners and contractors to provide proper safety devices to protect workers from elevation-related hazards. If these safety measures were absent or inadequate and you were injured because of an elevation-related hazard, you may have grounds for a legal claim.

What Qualifies as a Falling Object Accident?

Not every object that falls on a worker automatically provides grounds for an injury claim. Generally, a valid falling object claim involves an object that:

• Falls from an elevated position
• Should have been secured
• Fell because adequate safety devices were not provided
• Causes injury due to the force of gravity

Common examples of falling objects include steel beams, construction materials, pipes, concrete forms, tools, machinery components, and loads being lifted by cranes or hoists.

What Is a Safety Device?

Labor Law § 240(1) requires owners and contractors to furnish or erect safety devices that are properly constructed, placed, and operated.

Examples of safety devices include:

• Scaffolds
• Hoists
• Slings
• Hangers
• Blocks
• Pulleys
• Braces
• Ropes
• Safety harnesses
• Netting and protective barriers

In falling object injury cases, courts generally examine whether the object required securing for the work being performed and whether appropriate safety devices should have been used to prevent the object from falling.

Who Can Be Held Liable?

Liability for a falling object injury may extend beyond your employer.

Depending on the circumstances of the incident, potentially responsible parties may include:

• Property owners
• General contractors
• Construction managers
• Subcontractors
• Equipment suppliers
• Site supervisors
• Third-party companies working on the project

While you generally cannot sue your employer for a work-related injury in New York, you can file a personal injury lawsuit against any third parties who caused or contributed to the accident.

What Other Labor Laws May Apply?

Though Labor Law § 240(1) is commonly associated with falling object injuries, other New York labor laws may also apply to your case. They are:

Labor Law § 241(6)

Labor Law § 241(6) requires property owners and general contractors to maintain safe conditions during construction, excavation, and demolition work. All construction sites must comply with specific safety regulations contained in New York’s Industrial Code.

You may have a claim under this law if:

• Safety regulations were violated.
• Hazardous conditions existed on your job site.
• Improper storage of materials contributed to your accident.
• Construction safety standards were ignored.

Labor Law § 200

Labor Law § 200 is New York’s general workplace safety statute.

This law requires property owners and contractors to provide workers with a reasonably safe work environment. You may have grounds for a claim under this law if unsafe site conditions or poor supervision contributed to your falling object injury.

To recover compensation under Labor Law § 200, you generally must show that the other party created the dangerous condition or had notice of it and failed to correct it.

What Types of Compensation Are Available?

After a falling object injury accident, you may be able to recover compensation for medical bills and lost wages through a workers’ compensation claim.

If you file a personal injury lawsuit, you may be able to recover additional damages, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Punitive damages (in rare cases)

Common Causes of Falling Object Injuries

Falling object accidents can occur for many reasons on construction sites and other industrial work locations.

Some of the most common causes of these injuries include:

• Improperly secured tools
• Unsafe material storage
• Inadequate scaffolding protection
• Missing toe boards
• Crane and hoist failures
• Improper rigging procedures
• Lack of overhead protection
• Falling construction debris
• Failure to follow safety regulations
• Poor site supervision

Common Injuries Commonly Caused by Falling Objects

The force generated by an object falling from a significant height can be devastating. Even relatively small items can cause severe injuries.

Common injuries in these cases include:

• Traumatic brain injuries
• Concussions
• Skull fractures
• Neck injuries
• Spinal cord injuries
• Herniated discs
• Shoulder injuries
• Broken arms and legs
• Crush injuries
• Internal organ damage
• Eye injuries
• Facial fractures

What Types of Evidence Do You Need?

Important types of evidence in your construction injury case may include:

• Accident reports
• OSHA investigation findings
• Site photographs
• Surveillance footage
• Witness statements
• Medical records
• Safety inspection reports
• Construction contracts
• Maintenance records
• Equipment logs
• Expert testimony

What Should You Do After a Falling Object Injury?

If you were injured by a falling object at work, it’s crucial to:

• Seek immediate medical treatment.
• Report the accident to a supervisor.
• Document the accident scene (when possible).
• Obtain contact information from witnesses.
• Follow all treatment instructions from your doctor.
• Keep records of your medical expenses and lost income.
• Avoid discussing the accident on social media.
• Speak to a construction accident attorney as soon as you can.

Get Help From a Construction Accident Attorney

If you were injured by a falling object on a construction site in New York, you have legal recourse. An experienced construction accident attorney from Shulman & Hill can investigate your injury, help you build a strong claim, and pursue the compensation you need to get back on your feet.

Schedule a free case review to learn more about your legal options.