A wrench, a brick, a bundle of pipe. Dropped from a few floors up, any of them can end a career or a life. New York law puts the duty to prevent this on owners and contractors.
How It Happens
- Loads that slip or swing while being hoisted
- Materials stacked near an open edge with nothing to hold them
- Tools dropped from scaffolds and ladders
- Debris thrown or kicked from upper floors
- Missing netting, toe boards, and overhead protection
- Demolition work done without securing what is above
If You Are a Worker
New York's Labor Law protects construction workers in three main ways:
- Falls and falling objects (Labor Law § 240(1), the “Scaffold Law”). This covers workers hurt in falls from heights. It also covers workers struck by objects that were being lifted, or that should have been properly secured.
- Safety code violations (Labor Law § 241(6)). This covers injuries caused by a violation of a specific New York construction safety rule.
- Unsafe work sites (Labor Law § 200). This covers the general duty to keep a work site reasonably safe.
Hurt on the job? Talk to us before you talk to the insurance company.
If you were injured in a fall from a height or were struck by a falling object at work, New York's Scaffold Law (Labor Law § 240(1)) may protect you. Under this law, building owners and contractors can be held responsible even if you made a mistake that contributed to your accident. Your own carelessness is generally not a defense. The main way they can escape responsibility is by proving that you alone caused the accident.
If You Were Walking By
The Labor Law protects workers. A pedestrian hit by something from a job site has an ordinary negligence claim against the owner, the contractor, and any company responsible for the sidewalk shed or netting. Permits, inspection records, and violations help show who was responsible.
What You Can Recover
- Medical bills, past and future
- Lost wages and loss of future earning ability
- Pain and suffering
- Loss of enjoyment of life
Deadlines
Most New York injury lawsuits must be filed within three years of the accident.
If the project belongs to the City, a public school, NYCHA, or another public agency, a notice of claim is generally due within 90 days.
Common Questions
I was wearing a hard hat and still got hurt. Does that matter?
A hard hat is not the kind of protection the Scaffold Law is about. The question is whether the object should have been secured or the load properly rigged.
The object only fell a short distance. Is there a case?
There can be. Courts look at the weight of the object and the force it could generate, not only the height.
Can I collect workers' compensation and bring this claim?
Yes. They are separate. Part of the compensation benefits may have to be repaid from the recovery, and we account for that.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.