You are working below a scaffold or a building when someone’s tool, a fragment of brick, a piece of equipment, or a bag of supplies falls and strikes you. Something that happens in an instant can put your health and livelihood at risk. This guide explains your legal rights after struck-by construction accidents and why you should approach a New York construction accident lawyer for help with your claim.
Who is responsible if a falling object has hurt you on the job? Find out more from our construction accident attorney in New York at Dervishi Law Group, P.C.
Why Struck-By Object Injuries on Construction Sites Are so Dangerous
Struck-by object injuries on construction sites happen when materials or equipment fall from an upper level and hit a worker or passerby below. These accidents can cause serious harm due to gravity, especially when the person who is hit is not wearing protective gear. Construction sites stack heavy materials at height, operate machinery near walkways, keep crews moving below active work zones, and can easily put people in the path of objects that may drop without warning.
The injuries from these types of events can range widely in severity. A falling object may cause a concussion, a traumatic brain injury, a spinal injury, a broken bone, or even nerve damage, depending on the weight and size of the object and the height of its fall.
How a Construction Accident Lawyer in New York Approaches a Falling-Object Injury
After a struck-by accident, the path to recovery may not be simple, especially if the parties responsible try to limit what you receive. Your New York construction accident lawyer can help you understand which law applies to your situation and what damages may be included beyond the medical care and lost wages that workers’ compensation can provide. New York provides injured workers with strong protections, but different approaches to these cases may change how those protections play out.
According to the New York City Department of Buildings, there were 320 construction-related injuries in 2025, with worker falls remaining the leading reported incident type that year. These incidents include workers struck by materials or equipment, and each number represents a person whose life and income may have changed in a moment. An attorney can review how your accident happened, who controlled the site, whether proper safety devices were in place, and what direction your claim might take.
Your Legal Rights After a Struck-By Construction Accident in New York
After struck-by construction accidents, your options will depend on whether you were an employee at the site, a visitor, or just someone who happened to be in the vicinity. New York construction accident lawyers may treat each of these situations differently.
You might consider suing your employer directly, though these exceptions are narrow. You would have to show that your employer intentionally caused your injury or failed to carry the workers’ compensation insurance that the law requires.
When someone other than your employer caused your injury, you can pursue a third-party personal injury lawsuit in addition to your workers’ compensation claim. This lets you seek greater damages, including considerations such as pain and suffering.
Construction Worker Compensation Rights After Injuries Under New York Law
If you are an employee, workers’ compensation is usually your main recourse. New York’s no-fault insurance system should cover your medical bills and a portion of your lost wages. Construction workers’ compensation rights after injury are also heavily shaped by New York’s Labor Law, which holds property owners and contractors to a high standard.
One section in particular gives injured workers a powerful tool after a falling-object accident: New York’s Section 240 law. This stipulates that property owners and general contractors can be held strictly liable when a worker is harmed by inadequate protection against elevation-related hazards, including falling objects. You do not need to prove negligence, only that proper safety devices were missing or failed.
This protection reflects how serious height-related construction injuries are in New York. According to the New York City Health Department, construction workers make up only 5% of the city’s workforce yet account for a disproportionate share of severe work-related injury harm. Additionally, several parties may share responsibility when a falling object injures you on a construction site, including:
- Property owners
- General contractors
- Subcontractors
- Property managers
- Architects
- Engineers
- Equipment manufacturers
Liability may even extend to a subcontractor when that party controlled the work or the site conditions during the fall incident.
Filing a Legal Claim for Your Workplace Injuries From a Falling Object
According to the U.S. Bureau of Labor Statistics, the construction industry accounted for 47.8% of all workplace falls, slips, and trips in 2023, a category closely tied to height-related hazards like falling objects. Filing legal claims for workplace injuries from falling objects takes a similar direction.
Typically, besides getting medical attention, you should report the accident to your employer or supervisor as soon as possible to protect your right to file a claim because waiting too long may cost you the right to claim benefits. Thereafter, focus on building a clear record of what happened.
The following steps can help support your workers’ compensation or personal injury claim:
- Take photos of the accident site and the object that struck you
- Collect the names and contact information of any witnesses
- Keep all your medical records
- Write down a detailed account of how the accident happened
You might also speak with a New York construction accident lawyer about your legal options.
Choose Dervishi Law Group, P.C.’s Construction Accident Attorney in NYC
A construction accident lawyer can help injured workers understand their rights after a falling-object accident and pursue the medical care and wage support that New York workers’ compensation may provide.
At Dervishi Law Group, P.C., we can represent workers and passersby who suffer injuries on construction sites. We can also review how construction accident liability may apply to your situation.
Has a falling object injured you at work? Call Dervishi Law Group, P.C. today at (718) 484-4757 to speak with a New York construction accident lawyer about your case.
Frequently Asked Questions
If you still have questions after a struck-by accident on a construction site, the answers below address common concerns by injured New Yorkers.
Who Can Be Held Responsible if a Falling Object Strikes Me?
New York law may hold property owners, general contractors, subcontractors, property managers, and equipment manufacturers responsible if a falling object strikes you on or off the job. The liability will depend on who controlled the site and what work was being performed when the object fell.
Can I Sue if Workers’ Compensation Already Covers My Injury?
New York’s legal system may allow you to file a third-party lawsuit in addition to your workers’ compensation claim. Usually, this situation applies when a party other than your employer caused your falling-object injury. Workers’ compensation does not cover pain and suffering, so a personal injury or product liability suit may be the only avenue to pursue those types of damages.
How Long Do I Have To Report a Construction Site Injury in New York?
You should report a construction site injury to your employer or supervisor within 30 days. Missing that window may cost you the right to claim workers’ compensation benefits in New York.
When Should I Contact a New York Construction Accident Lawyer?
You should contact a construction accident lawyer as soon as possible after a falling-object injury in New York. Early legal guidance can help you protect evidence, meet deadlines, and understand the full range of options that may apply to your case.
