Brooklyn, New York Construction Struck by Falling Object Attorney
Have You Been Injured by a Falling Object While on the Job at a Construction Site in Brooklyn?
Many construction sites in New York City involve work on tall structures, high-rises, and skyscrapers. This unfortunately means that the possibility of a worker being injured by a falling object in Brooklyn, New York is significant. On construction sites, falling object accidents can occur when objects or materials are dropped from scaffolding or open heights, when machinery breaks off or drops loads they are transporting, or when pieces of the building or structure under construction or renovation fall off.
OSHA has recognized a considerable risk of injury to construction workers from falling materials and flying objects, such as when something being pushed, pulled, or pryed gets airborne and may harm an individual. When heavy materials or objects that fall from large heights strike an unprepared victim below, they can inflict catastrophic injuries. Typical injuries from falling objects suffered by construction site accident victims include trauma to the head and traumatic brain injuries, surgical scarring or deformity, broken bones, nerve injuries, whiplash and back injuries, crush wounds, internal organ damage and internal hemorrhage, spinal injuries, damage to the spinal cord and paralysis, amputations and others.
In a construction site accident involving a falling object, the type of injuries will depend on factors such as the object's weight, the speed and angle at which it strikes the workers, and if the worker is wearing a hard hat. A hard hat may provide excellent protection when the falling or flying object is behaving as a projectile. When the falling object is extremely heavy, it may crush a person, in which case it is unlikely that even a hard hat could prevent catastrophic injury or death.
Whether you were injured by a falling object on the job as a construction worker or while passing by a building site, you have the right to seek compensation for your medical expenses, lost pay, and other losses. Brandon J. Broderick, a Brooklyn, New York City falling object injury attorney, can give you the legal support you need to obtain financial compensation.
If you or a loved one were injured by a falling object at a construction site in Brooklyn, call us at (877) 740-7603 as soon as possible. We only accept claims on a contingency basis, so you won't have to pay anything unless we successfully recover money on your behalf.
How Can Brandon J. Broderick Help Me With My Falling Object Construction Injury?
When you have been injured by a falling object in a construction site accident in Brooklyn, let the experienced attorneys of Brandon J. Broderick assist you in pursuing compensation and helping you with your recovery by:
- Evaluating your legal options for financial recovery, such as if you are eligible to file a workers' compensation or personal injury claim.
- Investigating the accident's facts and circumstances to determine who may be responsible for your injuries and losses
- Experts in accident reconstruction, engineering, and building site safety will assist us in convincingly demonstrating that other parties are responsible for the accident and your injuries.
- Employing medical, vocational, and financial professionals to assist in documenting your injuries and calculating your expected present and future expenses and losses
- Preparing and submitting workers' compensation and insurance claims on your behalf to actively pursue the financial benefits you require for recovery.
- Pursuing workers' compensation claims or personal injury lawsuits if litigation is required to obtain compensation from those responsible for your injuries.
Do I File for Workers' Compensation or a Lawsuit After an Accident Involving a Falling Object?
If you were injured in a construction accident involving a falling object, you may be eligible to pursue compensation through your employer's workers' compensation insurance, a personal injury claim, or possibly both. Here is additional information regarding these kinds of claims:
- Workers' Compensation: Regardless of responsibility, workers injured on the job are entitled to benefits granted by their workers' compensation insurance. Workers' compensation may include medical benefits, wage supplements, and rehabilitation services. Typically, if a construction worker is hurt in a falling object accident that was the employer's fault, the worker's only recourse for recovering financial benefits from the company is to file a workers' compensation claim.
- Civil Injury Lawsuit: In some instances, particularly those involving incidents caused by negligent third parties or violations of the New York Labor Law, injured construction workers may have the right to pursue a civil personal injury claim against negligent parties, such as owners and contractors. When an innocent spectator or passerby is injured by a falling object from a building site, construction companies may also be held liable in a personal injury claim. Personal injury lawsuits allow workers to receive compensation that would otherwise be unavailable or insufficient through workers' compensation, such as damages for pain and suffering and all of a worker's past and future lost wages and earnings.
How you seek compensation for your injuries will depend on the circumstances surrounding your accident. However, even if you have the right to file a civil claim for personal injury, you are still eligible for workers' compensation while your civil case is pending. Due to the fact that the law prohibits an accident victim from recovering twice for the same loss, any recovery you obtain in a personal injury claim may be subject to a lien to reimburse your employer or its workers' compensation insurer for workers' comp benefits they have already paid you.
Due to the fact that our firm handles both workers' compensation and personal injury claims for construction accident clients, we can assist you in determining your options for obtaining the compensation you deserve. When workers seek both workers' compensation and civil damages, our attorneys handle all facets of these cases, including discussion of any workers' compensation liens or credits.
Who Can Be Held Liable for an Injury Caused by a Falling Object?
Multiple parties may be responsible for injuries, depending on the origin and nature of the falling object event. Among the potentially liable parties in a falling item injury claim are:
- The general contractor of a construction site, who is responsible for enforcing worksite safety guidelines and OSHA requirements.
- If an employee of a subcontractor on a building site causes an object to fall, the subcontractor is liable.
- The construction site's property owner, who may be liable if a falling object damage is caused by a dangerous or defective condition on the owner's property.
- A maker of construction site tools, equipment, or machinery if a design or manufacturing defect causes a piece of equipment or machinery to break off and fall on someone, or if defective equipment drops objects.
Time Limit for Filing a Claim Following a Falling Object Accident
If you are injured on a construction site by a falling object, you have a limited amount of time to seek compensation. Generally, if you were injured by a falling object while working as a construction worker on a job site, you will be eligible to make a workers' compensation claim. Under New York's workers' compensation law, you are required to inform your employer of your injuries within 30 days of the date of the accident. However, employees are urged to inform their employers as quickly as possible.
You have two years from the date of your last payment of workers' compensation benefits to file a formal claim for benefits from your employer with the state workers' compensation division if your employer:
- Denies you workers' comp benefits
- You are not paid the full benefits to which you believe you are entitled.
- Attempts to terminate your benefits
If you have a personal injury claim originating from a falling object injury, the New York statute of limitations on injury claims typically requires you to file a lawsuit within three years of the date of the accident. For example, you could make this type of claim if you were hurt while working on a building site due to the negligence of a third party, or if you were harmed by a falling object as an innocent pedestrian passing a construction site.
Failure to file your workers' compensation claim or personal litigation on time may result in the loss of your opportunity to receive compensation. Therefore, it is crucial to talk with a Brooklyn construction falling object injury attorney as soon as possible to initiate the investigation and pursuit of your claims.
Dangers Posed by Falling Objects on Construction Sites
There are numerous risks on construction sites, but falling objects are among the most concerning. As one of OSHA's "Fatal Four" — along with falls from heights, electrocution, and being caught between objects — struck-by / falling object accidents cause thousands of serious and fatal injuries annually.
Falling object accidents in the construction industry can involve a range of projects, objects, and failures, including:
- Falling debris from construction demolition
- Falling building materials, including metal, masonry, and metal fittings
- Dropped objects, including hand tools, power tools, and pneumatics
- Objects that fall from hoists, cranes, scaffolding, and forklifts
Given the alarming frequency of falling object injuries on construction sites, the Occupational Safety and Health Administration (OSHA) has developed recommendations to protect employees from falling item injuries. They consist of:
- Always wear hard hats when performing overhead or other dangerous work
- When not in use, secure tools and machines properly.
- Carefully and firmly stack objects to prevent them from falling or sliding.
- Use OSHA-compliant toe boards or guardrails on scaffolds
- Wear eye or face protection when working with tools or machines that produce flying particles
- Clearly designate work zones so pedestrians and workers can easily see them
- Daily inspection of cranes at the beginning of each work shift
- Never clean clothes using compressed air
Our Brooklyn, New York falling object injuries attorneys understand the dangers of falling objects and the necessity to assist injured workers in holding negligent parties accountable, having handled countless construction accident lawsuits. We conduct exhaustive investigations into the accidents of our clients in order to discover probable infractions that may give rise to liability. This includes violations of:
- New York Labor Law 240 applies to gravity-related hazards, such as falling objects and falls from heights.
- The New York Labor Law 241, which allows workers to sue owners, contractors, and others for Industrial Code violations involving specific unsafe conditions or practices.
- The New York Labor Law 200 addresses claims against site owners or contractors who fail to provide safe workplaces.
Why Choose Brandon J. Broderick Over Other Lawyers for My Brooklyn Falling Object Accident Injury Claim?
We are proud to have helped many victims of devastating injuries obtain the financial compensation necessary to move on. Over the years, clients and other legal firms have relied on us to guide them through the most intricate personal injury matters. We are committed to providing injured parties with the finest possible representation.
At Brandon J. Broderick, Attorney at Law, we make it simple to contact an experienced Brooklyn construction accident attorney so that we can help you and your family get compensation for the full extent of your losses. Give us a quick call at (877) 740-7603 to schedule a free consultation. It's really that easy. Our clients' needs are our top priority. For many years, we have stood up for construction workers, and we will continue to do so for those who work in Brooklyn and New York.