Construction sites are inherently dangerous, both for workers and for members of the general public who may be passing through the area.
In this blog, The Bongiorno Law Firm explains the legal options victims may have if they get hit by a falling object on a construction site. Our experienced construction accident attorneys in New York also explain how these injuries occur and when you should consult with an attorney right away.
If you were struck by a falling object, The Bongiorno Law Firm wants to help you navigate this challenging situation. We are deeply committed to helping the injured, and our New York legal team is prepared to help. Call to discuss your situation and determine how we may be able to help. Your initial consultation is confidential and free. If we represent you, there are no upfront fees to pay.
What Objects Could Fall and Strike a New York Construction Worker?
It is crucial for workers and site managers to understand the potential risks and safety protocols of working on a construction site.
Construction sites in New York City are often confusing hubs of activity, where multiple levels of work are happening simultaneously. This vertical nature of construction creates a significant risk of falling objects.
The range of objects that could fall and hit a worker or another individual near the construction site is diverse and may include:
- Tools (hammers, wrenches, drills, saws)
- Building materials (bricks, wooden beams, steel rods, pipes)
- Debris from demolition or renovation work
- Scaffolding components or planks
- Heavy equipment or parts thereof
- Concrete or other construction materials being poured or transported
- Improperly secured loads from cranes or hoists
If a worker is hit by a falling object, it is vital they know their rights. Seeking legal help from The Bongiorno Law Firm helps to ensure injured workers are fairly compensated for their medical costs and other losses.
What Kinds of Injuries May Result From Falling Objects on a Construction Site?
The severity of these injuries typically depends on factors such as the object’s weight, the height from which it falls and the part of the body that gets hit.
Falling objects on New York construction sites can cause severe to catastrophic injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries, potentially leading to paralysis
- Fractures, especially to the skull, vertebrae, or long bones
- Severe lacerations and contusions
- Crush injuries, particularly to extremities
- Internal organ damage
- Eye injuries or vision loss
- Neck and shoulder injuries
- Severe bruising and soft-tissue damage
- In extreme cases, fatalities
Workers injured on construction sites may face long-term or permanent disabilities, affecting their future ability to work and enjoy life.
Can Injured Construction Workers in New York City Sue Their Employers?
In New York City, injured construction workers generally cannot sue their employers. Rather, workers injured on a construction site may seek compensation under the state’s workers’ compensation system.
New York Workers’ Compensation
The New York workers’ compensation system provides injured workers with medical benefits and partial wage replacement. The benefit of these claims is that workers do not have to prove their employer was negligent in any way to be eligible for benefits.
Exceptions Under the Law
There are some circumstances that may allow injured workers to bring a lawsuit. However, this situation is extremely rare and only allowed if:
- There is evidence the employer intentionally harmed the worker
- Third-party negligence led to the incident that caused the worker’s injuries
- The incident resulted from gross negligence, and there is evidence that supports this claim
- There were violations of New York Labor Laws
What New York Labor Law Violation May Apply to a Falling-Object Injury?
The New York Labor Law most relevant to falling-object injuries on construction sites is Section 240, commonly known as the “Scaffold Law.” This statute specifically addresses the unique hazards associated with working at heights and the risks posed by falling objects. It requires property owners and contractors to provide proper protection for workers against gravity-related accidents, including those caused by falling objects.
Under Labor Law 240, if a worker is injured due to a falling object and proper safety measures were not in place, the property owner and general contractor can be held strictly liable. This means that, unlike typical negligence cases, injured workers do not need to prove the defendants were negligent. They only need to prove the law was violated and an injury occurred as a result.
Key Points to Know About the Scaffold Law and Personal Injury Lawsuits
The New York Scaffold Law (Labor Law 240) creates an exception to the usual workers’ compensation exclusive remedy rule. This pathway is completely separate from the state’s workers’ comp system. This distinction is important because workers typically cannot sue their employers for on-the-job injuries. However, under certain circumstances, this law allows them to bring lawsuits against other parties responsible for site safety.
These are some key points about this law and personal injury lawsuits:
- Allows lawsuits outside workers’ compensation
- Targets property owners and general contractors, not direct employers
- Permits recovery of full damages, including pain and suffering
- Applies strict liability, making cases easier to prove
- May result in much higher compensation than workers’ comp alone
Injured on a NY Construction Site? Call The Bongiorno Law Firm Today
If you have been injured by a falling object on a construction site, The Bongiorno Law Firm is here to help. Our New York law firm has a history of securing favorable outcomes for our clients. If you have a case, we are prepared to fight for the justice you deserve.
Contact The Bongiorno Law Firm today to discuss your situation. There is no cost or risk for this meeting. It is an opportunity to get answers to your questions and learn if you may have legal options.
