Injured by a Falling Object on a Job Site: Your Rights
Struck-by accidents are one of OSHA’s “Fatal Four” construction killers, and on New York job sites they happen the same way over and over: a tool slips off a deck edge, a load swings free of its rigging, debris rains down where overhead protection should have been. If a falling object injured you, New York law gives you rights most workers never hear about.
Labor Law 240(1): The Object Should Have Been Secured
New York’s Scaffold Law is not just about falls from heights — it also covers falling objects that should have been hoisted or secured. When a beam, pipe, bucket, or tool falls because a securing device was absent or failed, the property owner and general contractor are strictly liable. Your own conduct is generally not a defense.
That matters because most injured workers assume their only remedy is workers’ compensation. It is not. A falling object injury lawyer NYC workers trust will bring the comp claim and the strict-liability lawsuit together.
What the Industrial Code Requires
- Toeboards and screens on scaffolds and platforms
- Netting or catch platforms where work happens overhead
- Barricaded drop zones during hoisting operations
- Sidewalk sheds and overhead protection at site perimeters
If the object fell, the protection failed. That simple fact is the backbone of a strong Labor Law claim.
What to Do After a Struck-By Accident
Get medical care immediately — head, neck, and spine injuries from falling objects often worsen over days. Report the accident, photograph the object and the area it fell from if you can, and get coworker names. Then call a lawyer before the insurance adjuster calls you.
NYC Construction Accident Lawyers, P.C. investigates the same day: who was working above, what rigging or protection was in place, and which contractors controlled that work. The consultation is free, in English or Spanish.