Long Island Falling Object Injury Lawyer
Falling object accidents tend to fall under the struck-by incident umbrella. According to the Occupational Safety and Health Administration (OSHA), they’re a significant cause of injuries in the construction industry. However, falling object injuries can occur when you’re walking down the street or sitting at a restaurant.
No matter how the accident happened, you may have grounds to file a case for compensation. Determining how you recover your damages may be difficult, though. Luckily, our falling object injury attorney in Long Island, New York can review your situation and identify the most suitable route to compensation for you. Shulman & Hill goes after the awards you need to get your life back after suffering serious injuries.
We’re a premier personal injury law firm, and to show it, we have a track record of recovering $300 million.
Contact our team online or call 516.613.3196 for a free case evaluation.
An Overview of Falling Object Injuries in NY
A falling object injury occurs when something falls from an elevated height and strikes someone. These accidents can arise from falling objects like:
- Power and hand tools
- Building materials
- Lumber and drywall
Poor placement of equipment, a lack of proper signage in hazardous spaces, equipment failure, faulty toeboards, and allowing employees to work in areas below moving loads are prime triggers of a falling object accident. If someone gets hit by one or more of the aforementioned objects, they could sustain serious injuries, such as:
- Spinal cord injuries
- Broken or fractured bones
- Traumatic brain injuries (TBI)
- Deep lacerations
- Facial injuries
As soon as you get hurt, report it to the proper authorities and seek medical help. You want to make sure you receive the medical care you need to prevent your injuries from getting worse and start the road to recovery. In addition, documentation of a doctor’s visit helps back up your claim for compensation. This way, the insurance company has fewer reasons to delay, devalue, or deny your case.
You’re not alone if you or a loved one faced a falling object injury. In 2020, The National Safety Council (NSC) noted that over 700 fatal injuries resulted from contact with objects, or struck-by accidents. In neighboring New York City, construction workers regularly face injuries from these and other causes, as data from the City of New York shows. Dozens of injuries in this sector are reported each month in NYC.
New York State Law Regarding Falling Objects
New York State law considers the dangers of falling objects, particularly on construction sites. To protect workers and the public, New York State Labor Law 240(1), Labor Law 241(6), and the New York State Industrial Code contain protections ffrom overhead failing objects.
If the authorities failed to enforce these safety regulations and you or a loved one got hurt because of it, you could recover compensation for your losses.
Ways Our Long Island Falling Object Injury Attorneys on Our Team Can Assist You
We dedicate ourselves to getting our clients the results they need. One of our prior case outcomes includes $775,000 for a construction worker who had a 7-foot excavation fall on him. As a result, he sustained a knee injury and needed two arthroscopic surgeries.
Of course, all accident situations are unique and come with unique damages. Therefore, we can’t guarantee a set result in every situation. However, every case is personal to us, so how we approach it depends on your needs, the circumstances of what happened, and who holds liability for your injuries. We will go after the best possible results for you.
Some services your personal injury attorney may provide you include:
Evidence you could use to prove your injuries and how the accident occurred may include:
- Photos of the incident scene
- Photos of your injury
- Photos of the falling object
- Video footage of the falling object accident
- Statements from eyewitnesses
- Your medical records and bills
- The incident or accident report
This documentation of the accident and its aftermath can also help us determine who caused it and therefore owes you compensation.
Taking On Communication With Other Involved Parties
The at-fault party’s representative may call you a few days after the incident to take your statement of what happened. It may seem like a good time to tell your side of the story but resist the temptation. If they call you, direct them to your lawyer. They can handle all emails and phone calls from an insurance company or other parties—on top of protecting you from the questionable tactics the representatives use.
The adjuster could manipulate whatever you say and use it for their benefit during negotiations. Other claims they could make include:
- Your injuries don’t pose as serious of a threat as you made them out to be.
- You caused the falling object injury because you were involved in horseplay or were intoxicated.
- You didn’t comply with the safety measures your employer enforced.
Your lawyer can help protect your right to compensation and use the evidence mentioned in the previous section to disprove each of these claims.
Pursuing Compensation for All of Your Damages
One of the benefits of working with us is the fact that we have one department that can pursue a workers’ compensation claim and another department that can handle a third-party lawsuit. You can get the help you need from one office all at the same time.
Whether it’s filing an appeal on a workers’ compensation denial, or negotiating with the liable party’s insurance company for a fair settlement, we can provide you the service you need to rebuild your life. And if negotiations fail, your attorney can take your case trial. We can be with you through the whole process.
Performing All of These Tasks for You on a Contingency-Fee Basis
It’s understandable for victims of falling object injuries to feel apprehensive about affording legal representation. However, the attorneys at Shulman & Hill offer their assistance on a contingency fee basis. That means instead of collecting a fee from you upfront, we take it when we recover a financial outcome.
We finance your case’s initial costs, so you don’t have to worry about taking any further financial risk while you’re getting treatment for your injuries.
Compensation You Can Recover Following a Falling Object Injury in Long Island, NY
If you were on the clock and your employer bears responsibility for your falling object injuries, you may qualify to file a claim for workers’ compensation benefits. According to the New York State Workers’ Compensation Board (WCB), you could recover a portion of your lost income, reasonable health care costs, and survival benefits (e.g., the decedent’s weekly wages and funeral expenses) if your loved one passed away from their related injuries.
Note that you cannot file a third-party lawsuit against your employer since the state typically bars you from suing them. However, if a contractor or a party who’s not your employer caused the accident, you could file a lawsuit. Also, if you were a legal patron on someone else’s property and got hurt by a falling object, you may also have grounds to take this type of legal action. Damages you can seek in a third-party injury lawsuit may include:
- Lost income
- Future loss of earning capacity
- Past and projected medical bills
- Pain and suffering
- Scarring and disfigurement
Wrongful death damages may also be available to family members who lost their loved one to a falling object injury. You could request a recovery for their funeral bills and final medical bills, as well as your loss of inheritance or parental care.
How Long You Have to Recover These Damages in Long Island, New York
You must meet certain deadlines to recover damages after your falling object injury in Long Island.
- When you file a workers’ compensation claim for benefits, you typically have two years, per New York State Workers’ Compensation Board (WCB).
- You generally have three years to file a third-party personal injury lawsuit, according to CPLR § 214.
- In most cases, you generally have two years to file a third-party wrongful death lawsuit, per EPTL § 5-4.1.
Even though exceptions could apply to your case, do not delay in filing your case. The judge or insurance company could deny it if you try to submit past the deadline. However, if you employ one of our Long Island falling object injury attorneys early enough, we can help you adhere to the time limit so you can recover the compensation you deserve.
Connect With Our Falling Object Injury Lawyers in Long Island, New York Today
When employers, contractors, parts manufacturers, business owners, or anyone fails to abide by basic safety measures and someone gets hurt because of it, victims can face serious harm. If you or a loved one suffered injuries because of a falling object in Long Island, New York, a lawyer from Shulman & Hill can help you pursue compensation for the damages.
We could take your case regardless of how difficult it might seem. Our team is prepared to listen to your story, determine the most fitting route for compensation for you, and help reach a fair resolution.
Reach out to Shulman & Hill today at 516.613.3196 for a free consultation with one of our staff members.
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TO GET YOU COMPENSATED
Everyday working people often struggle to afford top-tier legal representation. To ensure equal access to justice, we work on a contingency-fee basis. You pay no attorneys’ fees unless we achieve a settlement or verdict in your case.
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