Construction workers are at risk every day of being injured or killed by falling objects. The occupational Safety and Health Administration (OSHA) considers being struck by objects among the “fatal four” leading causes of construction accident deaths.
Construction workers are at risk of broken bones, head injuries or death from falling objects when they work beneath cranes, scaffolds, ladders and wherever overhead work is being performed. In addition to tools and material falling from elevated work platforms, construction workers are frequently injured by loads being dropped while being moved or loaded, and heavy equipment tipping over or rolling onto workers.
OSHA and the New York Department of Labor have safety standards to protect workers from falling objects. When a worker is struck by falling tools, material, debris, or other objects, it is usually because someone has disregarded established policies and procedures meant to prevent such an accident. Sometimes, negligent employers may fail to enforce the wearing of safety gear or ensuring properly secure work areas, which increases the risk of employees being hit and injured from falling objects.
If you have been injured by something falling onto you at a job site, you may be eligible to receive workers’ compensation benefits. You also may be entitled to make a claim against the owner of the property or as part of the special rights granted by the New York Ladder and Scaffold Law to construction workers injured by objects falling from a scaffold or ladder. Our New York City construction accident attorneys of Hecht Kleeger & Damashek, P.C. can work with you to ensure that you recover the full compensation you deserve.
The most common falling objects at a construction site are dropped tools from fellow workers. Poorly placed buckets, tools, hammers and scraps of wood or metal can also fall and injure multiple workers. Material stacked or placed on shelving improperly can also fall and injury passersby.
Falling objects can cause victims severe blunt-force trauma and leave an employee out of work for months or unable to return to work. A worker hit by a falling object may suffer injuries that range from spinal injuries to chemical burns and even wrongful death. Crushing accidents can occur as well, leaving the individual with painful traumatic rhabdomyolysis and an associated list of health complications.
A hard hat is the most recognized means of protecting a construction worker from a traumatic head injury caused by falling objects. Head protection is required by OSHA rules as well as the State of New York. The NY Department of Labor’s Safety and Health rules for personal protective equipment require that every worker who is required to work or pass within any area where there is a danger of being struck by falling objects or materials (or where the hazard of head bumping exists) shall be provided with and required to wear an approved safety hat.
In addition, New York Labor Law (§ 23) requires such protection from falling objects as:
In addition to NY Labor Law, the General Duty Clause of the federal OSHA requires that employers provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.
In short, construction and demolition site owners, superintendents, foremen and other managers in New York know or should know they are required to take various steps to protect workers from falling objects. Those who take shortcuts to save time, money or simply the effort required to protect workers are negligent.
If you have suffered an injury that requires medical treatment while working at a construction site, you should be eligible for workers’ compensation benefits. New York workers’ compensation pays for all medical bills, from the ambulance ride to hospitalization and rehabilitation therapy, including medication costs, and for a portion of lost wages during recovery.
You may also be able to seek additional compensation from a property owner or employer if the accident was covered by the New York Ladder and Scaffold Law. Additionally, other parties responsible for your accident may be held accountable through a third party lawsuit.
In a third-party lawsuit, you would have to show that a party other than your employer was negligent in a manner that contributed to your accident and that the accident caused your injuries. A third-party lawsuit might be filed against a:
A third-party lawsuit may also seek money that workers’ compensation does not pay, including payments for pain and suffering, emotional distress and loss of companionship.
Any time a construction worker has been seriously injured in a job-site accident, the circumstances should be independently investigated by an attorney knowledgeable about the construction industry in New York. Hecht Kleeger & Damashek has the experience necessary to investigate the circumstance of a construction accident caused by falling objects and ensure that injured workers obtain all of the compensation they are due, including compensation available through third-party claims.
The lawyers of Hecht Kleeger & Damashek have over 75 years of combined experience investigating construction accidents on behalf of injured workers and their families. You can rest assured knowing that our aggressive yet empathetic lawyers are working diligently to hold responsible parties accountable for your losses, whether they are employers, manufacturers of defective products or negligent fellow employees.
Contact us today for a free, no obligation discussion of your accident and the legal options available to you. We can work to resolve your case in a manner that ensures your financial recovery and your ability to move forward with your life.