If you were struck by a falling tool, material, or piece of debris on a New York City construction site, your medical bills are usually covered first by workers’ compensation, and in many cases, you may also be able to file a separate lawsuit against the property owner or general contractor for the rest of what workers’ comp doesn’t cover. Knowing the difference between these two paths can change everything about your recovery.
Getting hit by a falling object is one of the most common and most dangerous accidents on a construction site. It can happen in an instant. A dropped hammer, an unsecured beam, debris from above, and suddenly you’re facing a hospital bill you weren’t prepared for.
At The Edwards Firm LLP, we help injured construction workers understand exactly where their medical bills are supposed to come from, and how to make sure they’re not left covering costs that someone else should be paying.
Why Falling Object Accidents Happen
Falling object injuries usually come down to something not being secured properly. Common causes include:
- Tools or materials left unsecured at height
- Improperly stacked or stored construction materials
- Debris falling through unguarded floor or ceiling openings
- Defective rigging, hoists, or pulleys
- Poor coordination between crews working at different levels
- Missing or inadequate protective netting and barriers
Under New York law, the object doesn’t have to fall from a great height to trigger legal protections. What matters is whether it needed to be secured against a gravity-related risk in the first place.
Your First Source of Coverage: Workers’ Compensation
If you were injured while working, you’re generally entitled to workers’ compensation benefits, regardless of who was at fault. This is typically the first place your medical bills get paid from.
Workers’ comp generally covers:
- Medical treatment related to your injury
- A portion of your lost wages, usually around two-thirds
What it does not cover:
- Pain and suffering
- Full lost wages
- Long-term loss of earning capacity
- Emotional distress
This is where a lot of injured workers get stuck. Workers’ comp helps, but it often isn’t enough to cover the real cost of a serious injury, especially if you can’t return to the same kind of work.
When You Can File a Separate Lawsuit
If someone other than your employer contributed to the accident, you may be able to file a third-party personal injury claim in addition to your workers’ comp benefits. This is often where New York Labor Law comes in.
Labor Law 240(1): The Scaffold Law
This law can hold property owners and general contractors strictly liable when a worker is struck by a falling object that wasn’t properly secured. If the object should have been secured with netting, ropes, braces, or other safety devices, and it wasn’t, this law may apply, and your own actions on the job may not reduce what you’re able to recover.
Labor Law 241(6)
This law requires owners and contractors to follow specific safety rules under New York’s Industrial Code. A violation of those rules, like failing to use proper debris netting or overhead protection, can support a claim even outside of Labor Law 240(1).
You can read more about how these protections apply on our Construction Accidents page.
Who Might Be Liable
Depending on the details of your accident, potential defendants could include:
- The property owner
- The general contractor
- A subcontractor whose crew was working above you
- A rigging or hoisting company
- The manufacturer, if defective equipment caused the fall
Because construction sites involve so many moving parts, it often takes real investigation to figure out exactly who’s responsible.
What This Could Mean for Your Bills
A successful third-party claim can potentially recover compensation that workers’ comp doesn’t provide, including full medical costs beyond what comp pays, the rest of your lost wages, future medical care, and pain and suffering. That’s a meaningful difference for a family trying to stay afloat while you recover.
Our firm has helped construction workers in exactly this situation. We recovered $3,600,000 for a Brooklyn worker injured when a wall collapsed on the job, and $1,500,000 for a worker who suffered a neck injury after a fall. You can see more of our results on our case results page.
What to Do Right After You’re Hit by a Falling Object
- Get medical attention immediately. Head and spinal injuries aren’t always obvious right away.
- Report the accident to your supervisor and make sure it’s put in writing.
- Photograph the scene, including where the object fell from, if you’re able to safely do so.
- Get contact information for anyone who witnessed it.
- Don’t give a recorded statement to any insurance company before speaking with a lawyer.
- Reach out to The Edwards Firm LLP as soon as possible. Evidence at an active job site disappears fast, and the earlier we can investigate, the stronger your case can be.
Why the Insurance Companies Push Back
Insurance companies representing contractors and property owners know exactly what a Labor Law 240(1) claim can mean for their bottom line, which is why they’ll often argue the object wasn’t required to be secured, or that you were somehow at fault.
Attorney Lennon Edwards spent years as an insurance-defense attorney before founding this firm, and he’s seen these arguments built from the other side. Now he uses that same insight to take them apart for injured workers instead.
How Long Do You Have to File?
In most cases, injured workers generally have three years from the date of the accident to file a personal injury lawsuit in New York. If a government entity was involved in the project, that window could be significantly shorter, sometimes as little as 90 days. Even if you’re still deciding whether to pursue a claim, it’s worth having your case reviewed early so you don’t lose that option.
Let The Edwards Firm LLP Help You Get What You’re Owed
Medical bills shouldn’t be the reason you’re stressed on top of an injury that wasn’t your fault. If you were hit by a falling object on a New York City construction site, you deserve to understand exactly where your compensation is supposed to come from, and to make sure you’re getting all of it.
The Edwards Firm LLP is strong enough to fight, and smart enough to win. Client first, last and always. We fight for maximum recovery for every injured worker who comes to us, and we never back down when fighting is the right thing to do.
Reach out today for a Free Case Evaluation. Visit our Construction Accidents page to learn more, or call us directly at (347) 729-7685.
This blog post is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For guidance specific to your situation, please contact The Edwards Firm LLP directly. See our full disclaimer for more information.