Tool Dropped from Height Caused My Injury at the Construction Site — Can I Sue?

If you were injured by a tool dropped from an elevated height, you may have the right to recover damages through a workers’ compensation claim and a personal injury lawsuit. Filing a lawsuit allows you to pursue a greater range of damages than filing a claim for workers’ comp benefits, and the good news is that workers can often simultaneously do both.

Our NYC falling object lawyers will explain your rights and options after an accident at a New York construction site.

Critical Steps to Take After Being Hit by a Falling Object

The most important thing to do after a falling object accident is to seek medical attention. Prompt treatment protects your health and could save your life. We can also use your medical records to prove your injuries are work-related.

Other essential steps include:

Collecting Evidence

Use your cell phone to take photos and video of your work environment, the tool that hit you, where the tool fell from, and your injuries. If anyone witnessed the accident, get their contact information so we can interview them later.

Reporting Your Injury to Your Employer

WKC 18 requires injured workers to file a written report with their employer within 30 days of the accident. Failure to do so could prevent you from collecting workers’ compensation benefits.

Getting Legal Advice

Our team will investigate your accident and tell you what other steps can be taken to pursue just compensation.

Understanding New York's Scaffold Law (Labor Law 240)

Anyone who works in construction in New York, including those who live elsewhere or do not have legal status, is protected under the Scaffold Law. This law states that construction workers are entitled to “proper protection” while engaged in the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure”.

In terms of preventing tools from falling, “proper protection” might include, but is not limited to:

• Scaffolds, platforms, and ladders that can bear the weight of both tools and workers.
• Equipment designed to prevent tools from falling when workers store or move them.
• Overhead netting to catch falling objects.
• Training workers in how to operate safely at elevations.

Depending on your worksite, one or more of the following parties must provide reasonable and adequate protection under Labor Law 240:

• Construction site owners
• Certain building owners and their agents
• Contractors
• Construction company owners

These parties are absolutely liable for all falling object accidents on construction sites, even in cases where the injured worker may have behaved negligently. In other words, you do not have to prove these parties were negligent. Their failure to prevent your falling object accident is often sufficient proof that they violated the law.

Compensation That Injured Workers May Be Entitled To

A workers’ compensation claim only allows you to recover certain economic damages. To recover compensation for all financial, physical, and psychological losses associated with the accident, you can file a personal injury lawsuit against the at-fault party or parties.

Our NYC construction accident lawyers will investigate your case thoroughly, collecting evidence like medical records, company and employment records, and expert opinions to show that you qualify for damages for:

• Past and future pain and suffering
• Emotional trauma
• Reduced quality of life
• Disability
• Scarring
• Loss of consortium
• Past and future medical expenses
• Loss of wages
• Loss of earning capacity
• Loss of union benefits and other job benefits
• Out-of-pocket expenses

How much money you can recover for each of these categories depends on how much you lost. As a general rule, the more serious your injuries are, the more money you will pursue.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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Who Can Be Sued After a Falling Object Injury?

You can file a lawsuit against third parties who are responsible for workplace safety. As the Scaffold Law states, these parties include contractors, construction site owners, certain building owners and their agents, and construction company owners.

You have the right to sue these parties even if you are a subcontractor or their employee. Labor Law 240 applies to all workers at a construction site.

Who Cannot Be Sued for a Work Accident?

In most cases, you are not allowed to sue your employer. This is because workers’ compensation insurance protects them against lawsuits while providing financial support for injured workers.

What If the Liable Party Denies Responsibility?

At-fault parties may try to avoid paying compensation by denying that they are responsible for your safety or blaming you for the accident. If this happens, our legal team is prepared to build and present a strong case against them.

Common Compensable Injuries After a Falling Tool Accident in NYC

Falling tools can cause serious injuries, such as:

• Brain injury and concussion injury
• Nerve damage
• Broken bones
• Cuts and lacerations

The size and weight of the tool, how far the tool fell, and where you were struck will all influence the type and severity of your injury. This is why it is so important to start documenting your accident as soon as possible: the more information we have regarding the specifics of your case, the easier it may be for our attorneys to recover just compensation from the liable party.

We Represent Falling Object Accident Victims

If you were injured by a falling tool or other object at a construction site, you may have the right to sue. Contact us at (718) 993-9999 today for a free, no-risk consultation. Oresky & Associates, PLLC, will manage all legal tasks associated with your case so you can focus on healing. Our legal team is always available to provide honest answers to clients’ questions. We can provide legal advice in both English and Spanish.