Content reviewed by:
Alex Shulman
A falling object injury at work may support both a workers’ compensation claim and a lawsuit against another responsible party. At Shulman & Hill Injury Lawyers, we examine both options, so you understand which benefits and compensation you can pursue.
Our team brings over 200 years of combined experience, including significant experience with New York Labor Law and construction accidents. When you work with a falling object accident lawyer in Manhattan from our team, we investigate the safety failures, identify responsible parties, and document your injuries.
Contact us for a free, confidential consultation with a Manhattan workers’ compensation lawyer to discuss your accident and next steps.
How Falling Object Accidents Happen in Manhattan
Working beneath other crews, near stored materials, or around lifting equipment can expose you to falling objects. Manhattan construction and façade repairs also take place above active sidewalks, where pedestrians need protection from overhead debris. Sidewalk sheds serve that protective purpose during covered construction operations.
Falling object accidents may involve:
- Tools dropped from scaffolds or elevated platforms.
- Bricks, lumber, or supplies falling from unsecured stacks.
- Loads shifting or falling during crane and hoist operations.
- Debris released during demolition or renovation.
- Objects falling from storage racks or damaged building façades.
These accidents can cause brain injuries, spinal injuries, fractures, and crush injuries. Our Manhattan personal injury lawyers investigate how the object fell and whether failures in storage, lifting procedures, or overhead protection contributed.
What to Do After an Object Strikes You
Seek medical care and use emergency services for serious injuries. Tell your provider how the impact occurred and which parts of your body were affected. Follow treatment recommendations and report new or worsening symptoms.
For a workplace accident, notify your employer in writing as soon as possible and keep a copy. New York generally requires notice within 30 days, subject to exceptions. Reporting the incident to a supervisor does not replace filing a workers’ compensation claim with the Board.
If safe, photograph the object, work area, overhead equipment, and visible injuries. Get witness contact information and save messages about your assignment or the incident. Do not enter an unsafe area to collect evidence. We can pursue records and photographs through the appropriate channels.
Workers’ Compensation After a Falling Object Injury
Most covered employees injured in the course of their employment can seek workers’ compensation without proving employer negligence. Benefits may include necessary medical treatment and partial wage replacement, depending on your earnings, disability, and eligibility.
You may qualify for medical benefits even if you continue working and do not lose any wages. Workers’ compensation does not pay for pain and suffering or necessarily replace your full paycheck.
Disputes can arise over whether an injury is work-related, treatment is necessary, or you can return to work. We help prepare supporting records and address contested benefits. Our Manhattan falling object accident attorneys also examine whether a separate injury claim is available.
When Another Party May Be Legally Responsible
Workers’ compensation generally prevents you from suing your employer for a covered injury, with limited exceptions. However, you may have a claim against a responsible third party, such as a property owner or a contractor outside your employer’s company.
For example, another contractor’s crew may have failed to secure materials before lifting them. We examine contracts, work assignments, equipment records, and legal duties to determine who can be held responsible.
If you were injured while walking past a building, your claim may involve unsafe property conditions or negligent construction work. Your role at the scene helps determine which laws apply and whether workers’ compensation is available.
New York Labor Laws and Falling Object Accidents
New York Labor Law provides protections for construction workers, but a falling object does not automatically establish a violation. We review your work, the hazard, and the required safety measures.
Labor Law Section 240(1): The Scaffold Law
Section 240(1) addresses certain elevation-related hazards during covered work, including construction, demolition, and repairs. It can impose strict liability on covered owners, contractors, and their agents when inadequate or missing safety devices cause an injury. Statutory exceptions apply, including for certain one- and two-family homeowners.
For a falling object claim, we examine whether the object was being hoisted or secured, or whether it needed to be secured for the work. The height difference, object’s weight, and force of its descent help determine whether the accident falls within the law’s protection.
Labor Law Section 241(6): Construction Safety Requirements
Section 241(6) may support a claim when a violation of a specific, applicable Industrial Code requirement causes an injury during covered construction, excavation, or demolition work. We identify the relevant safety rule and investigate how the violation contributed to your accident.
Labor Law Section 200 and Negligence
Section 200 and ordinary negligence rules address workplace safety duties. Liability may depend on authority to control the work that caused the injury. For dangerous property conditions, we examine whether the defendant created the hazard or knew, or should have known, about it.
What Compensation May Be Available
Workers’ compensation provides benefits set by law. A valid third-party injury claim may allow you to recover additional losses, including:
- Past and future medical expenses.
- Lost earnings and reduced future earning ability.
- Rehabilitation and medically supported assistance with daily activities.
- Pain and suffering.
- Loss of enjoyment of life.
Your treatment needs, work restrictions, and supporting evidence affect the value of your claim. We use medical opinions and employment records to document existing losses and expected future costs.
If you receive workers’ compensation, the insurer may have repayment rights against a third-party recovery and a credit against future benefits. Settling without required insurer consent or court approval can jeopardize benefits. We coordinate these issues before you resolve the injury claim.
How Our Manhattan Falling Object Accident Attorneys Build Your Claim
Our in-house investigations may involve incident reports, surveillance footage, witness accounts, inspection records, and contracts identifying each company’s responsibilities. Records about rigging and material storage can help explain why an object fell. Early preservation requests can protect evidence before footage is overwritten or the site changes.
Workers’ compensation claims generally must be filed with the Board within two years of the accident. Many personal injury lawsuits have a three-year statute of limitations. Public-entity claims may require notice within 90 days and have shorter deadlines for filing lawsuits. Exceptions and additional requirements can apply.
A falling object accident attorney in Manhattan from our team can identify your deadlines and compare the accident evidence with your medical and employment records. We address disputes about how the injury occurred and its effect on your ability to work.
Get Advice From Our Manhattan Falling Object Injury Lawyers
Shulman & Hill handles workers’ compensation and personal injury claims, allowing us to evaluate both paths after a workplace accident. We explain the available claims, the evidence needed, and how a settlement could affect your benefits.
Contact our Manhattan falling object accident lawyers for a free, confidential consultation. We handle injury cases on contingency and can travel for consultations. Bring any records you already have, and we will help determine what else is needed.
