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Hurt from a falling object at a work site-who’s at fault?

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Construction sites can be dangerous, especially in a place full of skyscrapers, like New York City. There is a significant danger that falling objects will cause serious harm when construction is being done on buildings that are several stories tall. Cranes, platforms or scaffolding collapsing and falling from hundreds of feet up can create devastating accidents down below. Even small objects, like a dropped power tool or shard of glass, can cause serious injury.

New York Labor Laws provide special protections to workers that are injured on the job. Pedestrians walking or cycling past a construction site also have a right to compensation if they are injured by construction site negligence.

New York labor laws and worker rights

Under New York law, the ultimate responsibility for maintaining safe conditions at a worksite rests with the owner of the property or the contractor in charge of the construction. If a worker is injured by a falling object at a construction site, in most cases they will be entitled to compensation under New York Labor Law §240. This regulation provides specific safety rules that owners and contractors must follow. To prove a claim under §240, a worker must show that a falling object was inadequately hoisted or otherwise not secured safely under these rules. Workers may also be able to file claims under §241(6) if they can prove that specific safety regulations of the New York Industrial Code were violated.

Pedestrian rights

Property owners, contractors and workers also have a duty to those lawfully on or near a construction site to carry out their work with reasonable care. If a passerby is injured because a worker behaved negligently, that victim is entitled to compensation. Pedestrian claims are normally governed by the common law rules of negligence. Pedestrian victims of falling object accidents have a right to sue negligent workers, construction contractors and property owners for their injuries.

Possible damages from a personal injury suit

When a party is injured due to the negligence of another, the law states that they should “be made whole again.” While this isn’t always possible, the role of the court is to do its best to accomplish this. Personal injury damages would normally include past and future medical bills, lost wages and pain and suffering.

Experienced legal counsel is crucial to getting just compensation

If you have been injured buy a falling object at a construction site, it is imperative that you contact an experienced construction accident lawyer to get the compensation you deserve. At the Law Offices of Tolmage, Peskin, Harris, Falick, we have been fighting to protect the rights of personal injury victims for over 50 years in New York City. If you would like to discuss your case, please contact us today for a free consultation at 212-257-3731.


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