Heavy Material Struck You on the Head on a Construction Site in NYC: Who Is Liable?

Certain building owners and their agents, construction site owners, construction company owners, and contractors have absolute liability for construction site accidents involving falling objects. If heavy material struck you on a construction site in NYC, you can sue one or more of these parties. This law applies even if you are not a NYC resident or do not have legal status.

Our falling object lawyers will explain more when you call for a free consultation.

What to Do After a Falling Object Accident at a Construction Site

You can protect yourself and your rights after being struck by heavy materials by taking these steps:

Get Medical Attention Immediately

Head injuries can be very dangerous, so get prompt treatment from an onsite medic or call 911 for emergency care.

Collect Evidence

Take photos or video of your worksite, including the material that hit you, where the material fell from, and any protective equipment you were using at the time. Photograph your injuries as best you can.

Witness testimony is critical in many cases, so check if anyone nearby saw the accident. Write down their names and contact information so our lawyers can more easily find and interview them.

Report Your Injury to Your Employer

Inform your employer about the accident as soon as possible. They in turn must report to the New York State Workers’ Compensation Board (WCB) and their insurance company. Making a timely report protects your right to workers’ compensation.

Speak with Our Law Firm

Victims of falling object accidents are entitled to more than workers’ compensation benefits. Our NYC construction accident lawyers will work with you to identify the at-fault party and hold them accountable.

What Protects Workers from Falling Object Injuries?

Struck-by accidents are among the top four hazards that workers face on construction sites, according to the Occupational Safety and Health Administration (OSHA). Labor Law 240, also known as New York’s Scaffold Law, is designed to protect workers from such accidents. Under the Scaffold Law:

• Construction site owners, construction company owners, certain building owners and their agents, and contractors are responsible for preventing falling object accidents.
• The parties listed above must keep you safe by providing reasonable and adequate protections based on each worker’s position and responsibilities. A secure scaffold that can bear the weight of heavy materials, debris netting to catch falling objects, hard hats for workers, and barricades to prevent unauthorized entry to dangerous areas are just some examples of protective equipment.
• If you are struck by a falling object on a NYC construction site, one or more of these parties has failed in their legal duty to protect you. They bear absolute liability for your injuries.

Head Injuries from Falling Objects That Could Entitle Workers to Compensation

You can pursue compensation for head injuries like:

• Brain injuries and concussion injuries
• Nerve damage, including paralysis
• Deep cuts and lacerations
• Broken bones

How much you get for your head injury depends on your case’s specifics, such as how serious your injuries are, the cost of past medical treatment and necessity of future care, how they affect your ability to work, and the nature and duration of your pain and suffering.

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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Getting Compensation for Construction Site Injuries: Workers' Compensation vs. Personal Injury Lawsuit

Workers’ compensation benefits for falling object accidents are helpful, but they will not cover all of your losses. You can generally recover benefits for medical care and lost or reduced earnings. You do not have to prove fault to get these benefits.

Filing a personal injury lawsuit against the at-fault party allows you to pursue various types of non-economic and economic damages, including:

• Past and future pain and suffering
• Reduced quality of life
• Loss of consortium
• Out-of-pocket expenses, such as the cost of transportation to and from medical appointments

Whether you file a workers’ comp claim, a personal injury lawsuit, or both, the at-fault party might try to blame you for the accident to reduce what they have to pay. Our legal team will fight to mitigate those efforts and pursue the maximum amount of compensation possible for all past, present, and future losses.

We Help Injured Workers After Construction Site Accidents

Oresky & Associates, PLLC, has recovered $500 million in settlements and verdicts for our clients. If falling material struck you on a construction site in New York City, we want to help you identify who to sue and fight for the compensation you are entitled to.

Contact us at (718) 993-9999 and get a free consultation today. We provide honest legal advice and treat all clients with respect and compassion.