Injured by Falling Debris
What legal rights do workers have if they're injured by falling debris on a construction site?
If you're injured by falling debris while working on a New York construction site, you have the right to sue the general contractor and property owner under New York Labor Law 240. This law protects workers from gravity-related injuries, which includes falling debris and falling tools or materials. The law requires that safety equipment—like nets, chutes, and secure hoists—be in place to prevent these types of accidents.
What does New York Labor Law 240 cover?
Labor Law 240 is incredibly broad. It applies to nearly all gravity-related injuries—whether something falls on you or you fall yourself. For instance, if you're working at an elevation, your employer must provide proper ladders, scaffolds, and fall protection like harnesses and lifelines. The law also applies to objects being hoisted or suspended that fall due to poor securing or equipment failure.
Can you sue if an object falls because it wasn’t properly secured?
Absolutely. We've handled cases where bricks, tools, or construction materials fell from open floors, scaffolds, or rooftops because they weren’t secured or netted. If safety procedures weren’t followed or the equipment failed, the general contractor and property owner are strictly liable under Labor Law 240.
Does Labor Law 240 apply to accidents involving excavators or heavy machinery?
Usually, no—unless gravity is involved. If, say, a chain on an excavator breaks and drops a load on a worker, then yes, Labor Law 240 would apply. But if an excavator just swings sideways and hits someone, that’s typically not covered under 240. In those cases, we look to Labor Law 241(6), which incorporates the New York Industrial Code and mandates safe practices for operating machinery.
What safety rules apply to excavator operations?
Under the Industrial Code, operators must always be in control of machinery. For example, if they step away, the machine’s power must be cut or a safety switch must be engaged. It's common for accidents to happen when someone taps a control while stepping away, causing a boom or bucket to swing unexpectedly. Regulations also prohibit anyone from standing or riding in a bucket and limit access to swing zones to essential personnel only.
What causes trench collapses—and are they preventable?
Most trench collapses are caused by a failure to stabilize the trench properly. Contractors are required to use shoring—typically wood or metal reinforcements—to prevent soil or pavement from caving in. We've also seen injuries from workers climbing in and out of trenches without ladders. That’s another gravity-related risk, so if someone falls while climbing into or out of a trench without proper equipment, Labor Law 240 applies there too.
Can workers sue their employer after a construction site injury?
In most cases, no—you can’t sue your direct employer if they have workers' compensation insurance. However, the general contractor and property owner can still be held liable under Labor Law 240 or 241(6). If your employer doesn’t carry comp insurance—which happens especially with undocumented workers—you can sue them directly.
Is it difficult to prove liability in a construction accident?
Not necessarily. If a scaffold collapses, or a ladder breaks, or a tool falls—those facts often speak for themselves. If the wrong equipment was provided—for example, a ladder that was too short for the task—that’s also a Labor Law 240 violation. The key is getting good evidence: photos of the scene, witness statements, and proof of what safety measures were (or weren’t) in place.
What should families know if someone dies in a construction accident?
The family can file a wrongful death lawsuit—but they first have to open an estate in Surrogate’s Court and appoint a legal representative, usually a spouse or child. Once that’s done, we can file suit for pain and suffering before death, and for lost financial support. These cases are complex, and courts oversee how any settlement is distributed—especially if minor children are involved.
How long does a wrongful death case take?
It’s a longer process than a standard injury case. You need Surrogate’s Court approval to even begin. Once the estate is set up, you file a lawsuit in Supreme Court. If there’s a settlement or verdict, you then go back to court to get the distribution approved. It’s essential to work with an attorney experienced in both wrongful death and construction law.
What’s the first step after a construction injury or fatal accident?
Document everything. Have a coworker or family member take photos before the company alters the site. Then, contact an experienced construction accident attorney right away. Deadlines are tight—especially if the accident happened on government property. In some cases, you must file a notice of claim within 90 days. Waiting too long can mean losing your case entirely.
