Falling Object Accident Lawyers in New York

Not every gravity case is a fall. On a busy New York site, workers get hit by dropped tools, swinging loads, collapsing material stacks, and debris that should have been secured or hoisted safely. These “struck-by” injuries can be just as catastrophic as a fall from a height, and the law reaches many of them.

Labor Law §240 isn’t limited to workers who fall. It also covers workers struck by objects that fall because a hoisting or securing device failed — or was never provided. When a load being lifted comes loose, or material that required securing crashes down, absolute liability can attach to the owner and general contractor.

Which falling-object cases fit §240

The Court of Appeals has drawn a line, and it matters. A §240 falling-object claim generally needs a load or object that required securing for the purposes of the work because of a height differential:

• A load being hoisted or held aloft that falls when a rope, sling, or hoist fails.
• Material stored or staged at an elevation that should have been secured and wasn’t.
• An object that falls because the securing device for the job was absent or inadequate.

A tool that simply slips out of a co-worker’s hand at the same level often falls outside §240 — but not outside the law entirely.

Where §241(6) and §200 carry the case

When §240 doesn’t fit, Labor Law §241(6) often does. The Industrial Code has specific rules on overhead protection, securing materials, hoisting, and debris — a violation of a concrete rule supports liability even without the elevation element §240 requires. Labor Law §200 reaches parties who created the hazard or controlled the work. We plead these together so a falling-object case has multiple routes to recovery.

Proving a struck-by case

• What fell, and from where. The height and the securing requirement drive the §240 analysis.
• What device should have caught or secured it. Netting, toe boards, tag lines, proper rigging.
• Who controlled the area. This shapes the §200 and general negligence theories.

Comp, the third-party suit, and your status

Workers’ compensation pays medical bills and partial wages regardless of fault but nothing for pain and suffering. The third-party lawsuit against the owner and general contractor recovers full damages. Both proceed together and we handle the comp lien at the end. Undocumented workers are protected — immigration status does not bar recovery in New York.

See our construction accident overview, the Labor Law §241(6) explainer, and our crane accident page. To talk with a partner, contact us.