Falling Objects Construction Accident Lawyer in New York City
New York Labor Law 240(1) offers protection to workers hit by falling objects on a construction site. Mandatory safety equipment and proper protocols can help to reduce or eliminate the risk of this type of injury, but many property owners and general contractors skimp on ensuring the worksite is safe for workers in construction and related trades.
If you suffered injuries after a falling object struck you at a construction site, a falling object construction accident lawyer in New York City at Oresky & Associates, pllc is standing by to review your claim. We offer free case evaluations and can help you understand all your options to help you present a successful construction accident case. Often this includes both workers’ compensation and holding the property owner and contractors liable through a civil suit.
Call us today at 718-993-9999 to get started.
Damages Available After a New York City Falling Object Construction Accident
When you suffer an injury while working, your first and easiest option for benefits is usually workers’ compensation. This program provides you with several benefits if you suffer injuries from a falling object on a job site. These include:
- Medical benefits to pay for your treatment and related health care
- Cash benefits to cover a portion of your lost wages and help you make ends meet until you can return to work
- Death benefits, if your loved one died from this type of injury
When your injuries are significant and you miss more than a few weeks away from work, however, you begin to realize that workers’ compensation often does not come close to covering the expenses and losses you experience because of your injuries. This is one reason New York’s Labor Law allows workers to hold third parties who caused or contributed to your injuries accountable.
If we can show that this third party failed to provide you with a safe work environment which allowed your injuries to happen, you may be entitled to compensation above and beyond workers’ compensation. These damages may include:
- Any medical treatment and related costs not paid by workers’ compensation
- Any lost wages not covered by workers’ compensation
- Diminished earning capacity, if you cannot return to work after the accident
- Any related out-of-pocket expenses
- Pain and suffering damages
- Lost Union benefits
Property Owner & Contracotor Responsibility and Liability Under New York’s Scaffold Law
New York Labor Law § 240(1), also known as the Scaffold Law, puts the responsibility on property owners and general contractors to ensure workers in construction and related trades have a safe place to work. This includes ensuring these workers have adequate training, safety equipment, and oversight.
Falling objects fall into this category. When workers do not lift, lower, or secure objects properly, accidents can happen. In general, this law requires owners and contractors to:
- Provide adequate safety training and the proper devices including hoists, winches, and pulleys to lift and lower items safely
- Prevent items from falling from a height high enough to cause injuries, even if the object was not in use or being moved at the time of the accident
If a property owner and/or general contractor fails to uphold these responsibilities, materials, garbage, debris, or even tools could fall several stories and cause serious injuries to workers below. This most commonly occurs when the owner and/or contractor:
- Try to cut time or money by rushing workers through risky tasks
- Fail to maintain lifts, winches, pulleys, and other tools
- Fail to provide the proper and adequate equipment, especially safety gear
- Fail to make sure workers have the necessary training and oversight to reduce their risk of injury
When you suffer an injury because of a falling object on a construction site, you do not need to show how and when the owner or contractor acted negligently. Instead, you will only need to show they violated the Scaffold Law by failing to provide a safe work environment.
Learning If You Have a Viable Claim and Filing for Compensation
The first step in evaluating your case against the property owner and/or general contractor is meeting with a member of our team for a free case review. We can meet with you at the hospital, in your home, or in one of our three convenient offices. We will discuss your accident and injuries and can offer our opinion about whether you have a viable civil case.
If we do believe you may be able to collect compensation above and beyond your workers’ compensation benefits, we will explain your options and go to work for you. This may include:
- Launching a full investigation into your falling object accident and injury
- Examining exactly how your accident occurred and why
- Identifying any potential liable parties, often the property owner or general contractor
- Calculating the full value of your expenses and losses related to this accident
- Filing a claim or pursuing civil action in court
- Fighting for the compensation we believe you deserve
Talk to a Falling Objects Construction Accident Lawyer in New York City Today
At Oresky & Associates, pllc, our personal injury team knows how dangerous falling objects on construction sites can be. We have helped clients who suffered this type of injury recover settlements from the property owner or contractor overseeing their work, and we will fight for the same outcome in your case.
Our bilingual staff can answer your questions and handle your claim in English or Spanish, ensuring you understand what is going on and feel comfortable. We handle falling object cases in Manhattan, the Bronx, Queens, or Brooklyn.