Whether you are a construction worker, an everyday pedestrian, or a cyclist, being struck by falling debris in New York City is not uncommon and it can change your life.
According to the Centers for Disease Control, in 2020 alone, occupational “struck-by” incidents caused 150 deaths and 14,000 construction injuries, and 27 percent of these fatalities were caused by falling debris.
Since these types of injuries can be serious, holding the negligent party accountable is often a requirement for recovering the compensation you need to get your life back.
If you have questions about your case, read on, or contact the falling debris attorneys serving New York at Buttafuoco & Associates for a free consultation at 1-800-NOW-HURT.
Common Causes of Falling Debris Accidents
Construction job sites are among the most common locations for falling debris injuries. Power tools, heavy-duty materials (such as sheet metal, cinder blocks), and other heavy materials are essential to the job, and workers often perform their duties at great heights. If a heavy tool or other object falls from a roof, crane, or scaffold, its impact can cause severe injuries.
The unfortunate reality is that many of these incidents could be prevented, as most are caused by neglected safety standards. The Occupational Safety and Health Administration holds construction sites to high standards, as do New York labor laws.
For example, property owners and contractors must provide safe working environments, which includes properly securing materials so heavy objects do not fall.
Additionally, the Scaffold Law requires all contractors, owners, and agents to properly protect workers on scaffolds, ladders, or other raised areas. Laws also mandate that construction, demolition, and excavation work be conducted in a safe fashion.
In addition to keeping the site itself and equipment safe, businesses must train their workers in jobsite safety. A worker who does not conduct themself according to safety requirements could drop a heavy tool from a height, lose control of heavy materials while manning a crane, or demolish a building recklessly–all of which can result in dangerous falling debris.
It’s important to note that not just construction workers are at risk. If you live or work in New York City, you likely pass beneath construction scaffolding on a daily basis.
In some cases, falling debris accidents happen because a building is in disrepair, as in this recent case where a Queens teen was hit in the head by part of a stone column on a building.
Regardless of where the debris falls, the severity of injuries depends on the object’s shape and weight, the height it falls from, and where it strikes the victim. It is not uncommon for this type of accident to cause severe injury or even death.
Regardless of the type of injuries you sustain, contacting a falling debris attorney serving New York City may be in your best interest. A good lawyer can help you gather evidence and build a strong case to help you recover the compensation you need to get back on your feet.
Types of Injuries Caused by Falling Debris
As you can likely imagine, severe injuries are very likely to occur if a sharp or heavy object falls from a height. Some of the most common types of injuries caused by falling debris include:
- Broken bones
- Head injuries (even when safety helmets are worn)
- Brain damage
- Skull fractures
- Paralysis
- Spinal cord injuries
- Concussions
- Coma
- Blindness
- Wrongful death
Again, it is key to remember that not only construction workers are at risk. A pedestrian moving through a walkway under a construction site could be hit by tools or debris, or part of a decrepit building could fall without warning.
In this case, a number of parties may be responsible, so it is often a good idea to work with a New York falling debris lawyer.
Liability and Negligence in Falling Debris Accidents
There may be multiple parties responsible after a falling debris injury–including the property owner, the construction company, the foreman, or even the company that manufactured scaffolding or other faulty equipment. Determining liability can sometimes be a challenge, but personal injury attorneys are trained to investigate exactly what occurred during the accident and find fault.
In the case of property owners, owners are required by law to keep premises safe. Companies themselves must train employees, provide safety equipment to workers according to standards, and adhere to all OSHA safety guidelines.
If they fail to do so, they may be held liable.
Each and every case is different, and making sure your case is thoroughly investigated to discover who was at fault can make a huge difference in the amount of compensation you recover for your injuries, pain and suffering, and other damages.
Depending on exactly what happened, you may have a personal injury lawsuit or a premises liability lawsuit.
Personal injury lawsuits are reserved for cases where another party’s negligence directly led to your injuries or death, whereas premises liability lawsuits can be brought when a specific unsafe condition on a property caused your injuries. Some injuries can even result in both types of lawsuits.
Again, an attorney can help guide you through the process to improve your odds of receiving the compensation you are entitled to under New York law.
What Damages Can I Recover in a Falling Debris Accident?
As with all personal injury cases, there is a wide range of damages you may be able to recover to cover the costs your injuries incurred.
Medical expenses, including current and future medical care and/or rehabilitation, lost wages due to having to take time off work, loss of enjoyment of life due to the severity of your injuries, and pain and suffering for physical and mental distress are all potentially recoverable.
If your injuries happened while on the job, they will likely be covered first by workers’ compensation, but if the accident was due to negligence, there may still be options to file a lawsuit.
When do I Need an Attorney for a Falling Debris Injury?
There are various situations where you may need legal representation after a falling debris injury. Even if you do not file a lawsuit, if workers’ compensation or insurance is refusing to pay what you feel you are owed for medical care, an attorney can fight for what you deserve.
If you are concerned that someone is liable for your injuries due to negligence, consulting with an attorney can help you determine the best path forward.
Whether you are convinced you have a case or are not entirely certain, reach out to Buttafuoco & Associates for a no-cost case review to learn about how to proceed. We will fight for your rights against employers, large corporations, and insurance companies to help you recover the compensation you are entitled to.
Get in touch at 1-800-NOW-HURT.