Do You Need a Falling Object Injury Attorney in New York City?
Before reading: If you or a loved one have been injured by a falling object on a construction site, call Hecht, Kleeger & Damashek, P.C. at 212-490-5700 to schedule a 100% free, initial consultation. Our construction accident attorneys have a history of success in these cases and can explain your rights and legal options. Our team has helped recover millions for the victims of falling objects on job sites. Let us help you, too.
Call HKD at 212-490-5700 for your free, no-risk consult.
Falling Object Accidents in NY
Each day, construction workers in New York face numerous hazards on the job. One of the most common causes of injury and death on construction sites is falling objects. This is when a smaller object (a dropped tool, debris, heavy building material, etc.) falls, potentially causing serious injury to someone below.
The Occupational Safety and Health Administration (OSHA) considers being struck by objects among the fatal four leading causes of construction accident deaths.
Negligence, careless behavior, faulty equipment or machinery, failure to secure an object properly, as well as attempts to shortcut or get around the federal safety regulations for the construction industry can put workers in harm’s way.
Falling Object Accidents & Injuries: Common Causes
The reasons a worker may be struck by an object include:
- Improper stacking of materials or supplies
- Failure to hold onto or properly secure a tool or machine component
- Lack of proper training
- Incorrect use of a tool or piece of equipment
- Inadequately secured load on a crane, hoist, or boom
- Too heavy a load
- Failure to follow safety standards
- Neglecting to use safety devices capable of catching or stopping falling objects and debris
- Faulty materials or parts leading to a breakdown or structural collapse
- Malfunctioning equipment
- Lack of posted warning signs
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.
Common Falling Object Injuries
Construction workers are at risk of broken bones, head injuries, or even death from falling objects when they work beneath cranes, scaffolds, ladders, and wherever overhead work is being performed.
Other common injuries sustained in falling object incidents are:
- Lacerations
- Bruises
- Bone Fractures
- Neck and back injuries
- Concussions and Head Truama
- Spine Injuries and Paralysis
- Permanent Disability
The extent of falling object injuries a construction worker might sustain depends on the size and weight of the object, the height from which it fell, whether other objects slowed its fall, and whether or not the victim was wearing protective gear.
NYC Guardrail Falls 81 Stories
Construction workers in New York recently found themselves in a terrifying situation when a section of guardrail at a Park Avenue Tower construction site suddenly became dislodged from its hoist more than 81 stories up.
An apparent malfunction of the hoist caused the eight-foot-long guardrail to go crashing to the ground where it landed on the sidewalk in front of a nearby building across 56th Street. Although the building is occupied, no injuries were sustained. That is not always the case.
Falling Object Statistics
According to the Bureau of Labor Statistics, there are more than 42,400 “struck by falling object” accidents every year. That accounts for 116 injuries caused by falling objects every day or one every 10 minutes.
New York Falling Object Safety Standards
The 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 wearing safety gear or improperly secure work areas. This increases the risk of employees being hit and injured from falling objects.
How To Reduce The Risk of Falling Objects
Fortunately, there are a number of safety measures companies and workers can take to reduce the odds of a construction accident caused by falling objects leading to serious injury or death.
- Wear protective safety gear (helmet, goggles, hard-toe boots, etc.) at all times while on the job
- Be careful to stay out of areas with posted signs warning about the potential for falling objects
- Stay away from barricaded hazard areas
- Never walk or stand in the fall zone under a crane, hoist, front loader, or other pieces of heavy equipment, particularly when it is carrying a load
- Do not walk or stand under ladders or scaffolds, or any other place where overhead work is being done as objects and debris are likely to fall
- Always use the right equipment for jobs or tasks at hand
- Do not stack materials or objects too high
- Take the time to stack materials in such a way that prevents sliding, falling, or having them collapse
- Inspect tools and equipment before using them
- Never use faulty or improperly maintained equipment or tools
- Do not exceed the lifting capacity of a crane, lift, or hoist
- When doing overhead work, secure your tools and equipment properly
There is a Duty to Protect Against Falling Objects
Construction and demolition professionals, 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.
Dropped Tools/Materials
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 injure passersby.
Equipment Flipping/Tipping Over
Forklifts are known to flip and cause accidents, and even job-site trucks can be improperly loaded and drop their loads. Workers who work in the fall zone can be gravely injured.
Hard Hat Requirements
A hard hat is the most recognized means of protecting a construction worker from traumatic head injuries 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.
NY Falling Object Labor Laws
New York Labor Law (§ 23) requires such protection from falling objects such as:
- Catch platforms mounted on an exterior vertical wall of any building or other structure and designed to catch and hold falling objects or material from upper working levels
- Overhead protection on multiple-point suspension scaffolds where there is a hazard from falling objects or material
- Overhead protection installed at the crosshead of hoist cars used for material hoisting to protect any person from falling objects
- Sheds or other overhead protection on any walkway endangered by falling objects or materials
- A protective platform above the level at which any work is being performed in an elevator shaft
- Overhead protection for every operator of every hoisting machine used with material platforms or bucket hoists
- Overhead protection for tower crane cabs and remote control stations for such cranes
- A substantial overhead canopy or screen to protect the operator of every forklift truck from falling objects and materials
- A substantial covering to protect the operator of every pile driver from falling objects or materials, steam, cinders, and water
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.
Falling Object Victims Have Rights
Falling objects can cause victims severe blunt-force trauma and leave an employee out of work for months or unable to return to work.
If you have been injured by something falling 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.
Our New York City construction accident attorneys of Hecht Kleeger & Damashek, P.C. can work with you to ensure that you recover the compensation you deserve. Contact us today at 212-490-5700 to schedule a free consultation of your case.
Types of New York Construction Accidents
We Can Help If You’ve Been Injured by a Falling Object
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, 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. Other parties responsible for your accident may also be held accountable through a third-party lawsuit.
In such a 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.
Who’s Liable for Falling Objects on a Construction Site?
A third-party lawsuit might be filed against a:
- Subcontractor or vendor that failed to erect protective overhead platforms
- Manufacturer or distributor of faulty protective equipment
- Construction site property owner if the contractor in charge of the site did not follow safety guidelines
- Engineers or architects responsible for site plans if the collapse of a structure that caused injuries was due to faulty design
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, P.C. has the experience necessary to investigate the circumstance of a construction accident caused by falling objects and ensure that injured workers obtain all the compensation they are due, including available compensation through third-party claims.
Contact Our Experienced Construction Accident Attorneys in NYC
The NYC personal injury lawyers of Hecht, Kleeger & Damashek, P.C. have over 75 years of combined experience investigating construction accidents on behalf of injured workers and their families.
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.
The NYC personal injury lawyers of Hecht, Kleeger & Damashek, P.C. have years of experience investigating construction accidents on behalf of injured workers and their families. We can work to resolve your case in a manner that ensures your financial recovery and your ability to move forward with your life. Call today to schedule a free initial consultation. 212-490-5700.
CLIENT REVIEWS
05/15/2019
“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”
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