To prevent falling object injuries in construction, your employer must
- Install barriers like toe boards and debris nets
- Secure all tools and materials with appropriate tethers
- Provide proper protective equipment
- Establish clear communication protocols
In 2020, it was reported that 150 deaths and 14,000 nonfatal injuries were caused by struck-by accidents annually. Nearly 30% of these fatalities are from falling objects.
If employers or contractors fail to follow or enforce the required safety protocols at work, you may be entitled to compensation through a personal injury lawsuit if you're injured.
Injured by a Falling Object at Work?
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How Can Your Employer Prevent Falling Object Accidents?
Physical Barriers
- Toe boards on all scaffolding and elevated work areas
- Debris nets below work zones
- Catch platforms and canopy structures
- Proper guardrail systems
- Screens to prevent material falls
Tool Security
- Tethers for all hand tools
- Secure attachment points for items over 5 pounds
- Tool lanyards and wristbands
- Self-vulcanizing tape for smaller items
- D-rings and tool cinch attachments
Material Handling
- Proper securing of all construction materials
- Load rating checks before lifting
- Clear communication protocols for crane operations
- Covered chutes for debris removal
- Proper stacking and storage procedures
Warning Systems
- Visible signage marking danger zones
- Barricades around fall zones
- Physical barriers preventing access to hazard areas
- Clear verbal and visual communication systems
- Designated spotters for overhead work
If these safety measures are missing from your worksite, your employer is violating OSHA regulations, New York Labor Laws, and industrial codes—more on these in the next section.
What Are The Safety Guidelines That Your Employer Must Follow?
In 2020 alone, being struck by thrown, projected, or falling objects claimed 48 lives among construction workers aged 16-64, highlighting the urgent need for better prevention strategies.
Under New York Labor Law and OSHA regulations (specifically 1926.501(c)), your employer has a legal obligation to provide a safe working environment, which includes protecting you from falling objects.
These safety guidelines include:
OSHA Regulation 1926.501(c) – Protection from Falling Objects
- 1926.501(c)(1): Employers must provide toeboards, screens, or guardrail systems to prevent objects from falling from elevated work surfaces when necessary to protect workers below.
- 1926.501(c)(2): Employers must use a canopy structure or similar protective measures when employees are exposed to falling objects from above.
- 1926.501(c)(3): Employers are required to barricade areas where objects could fall, prohibit employees from entering the barricaded area, and ensure that objects are kept far enough from the edge of a higher level to prevent them from falling over the edge if accidentally displaced.
New York Labor Law § 240 (Scaffold Law)
The "Scaffold Law" is one of New York's most significant construction safety regulations. It mandates that employers and contractors provide proper protection for workers at risk of falls or being struck by falling objects.
- Employers and contractors must use scaffolding, hoists, ladders, and other safety devices to ensure worker safety.
- The law also extends to protecting workers from falling objects. Employers must take appropriate steps, such as using nets, canopies, or controlled zones, to mitigate the risk posed by tools, materials, or debris falling from above.
New York Industrial Code (Part 23-1.7(a)) - Protection from Overhead Hazards
To ensure worker safety from overhead dangers, the NY Industrial Code requires the following measures:
- Employers must provide suitable overhead protection (e.g., tightly laid planks or plywood) in areas where workers are exposed to falling objects, capable of supporting 100 pounds per square foot.
- Areas exposed to falling objects but not requiring worker access must have barricades or fencing to prevent accidental entry.
What Types of Injuries Do Falling Objects Cause?
According to data from The Center for Construction Research and Training, construction workers aged 35-64 face the highest risk, with many accident victims requiring extensive medical treatment and lengthy rehabilitation.
Falling object accidents frequently result in severe trauma, such as:
- Traumatic brain injuries
- Spinal cord damage
- Multiple fractures
- Internal organ injuries
- Crushing injuries
- Fatal blunt force trauma
What Are Your Rights If You're Injured by a Falling Object?
If you are injured by a falling object on a construction site, you have legal rights and options for seeking compensation:
- Workers' compensation benefits
In most cases, you are entitled to workers' compensation benefits, which cover medical expenses and a portion of lost wages, regardless of fault.
- Third-party liability claims
If a party other than your employer, such as a subcontractor or equipment manufacturer, is responsible for your injury, you may be able to file a third-party liability claim.
Legal Protections for Workers in New York
The New York legal system, specifically, provides you with multiple paths to compensation after a falling object injury.
Your rights go beyond basic workers' compensation - you may qualify for additional compensation under specific New York labor laws that protect construction workers.
For example, New York's Scaffold Law holds employers and property owners strictly liable for gravity-related accidents, including falling objects. This means:
- Your employer is strictly liable for falling object injuries, regardless of your actions
- You don't need to prove negligence to win your case
- Property owners share responsibility for your safety
- Contractors cannot use worker error as a defense
- Your compensation won't be reduced even if you were partially at fault
Don't delay in taking action - New York law sets strict deadlines for injury claims:
- 30 days to notify your employer of the injury
- Two years to file a workers' compensation claim
- Three years from the accident date for personal injury lawsuits
- Just 90 days for claims involving government construction sites
Need Help With Your Construction Accident Case?
Our experienced construction accident lawyers will fight for your rights. Schedule a free consultation today!
How Can A Construction Accident Lawyer Help You After a Falling Object Incident?
An expert construction accident attorney will provide you with the following legal support:
- Thorough accident investigation and documentation
- Identification of all OSHA and Labor Law violations
- Expert analysis of safety failures
- Calculation of full damages and potential compensation
- Handling of all legal paperwork and deadlines
- Negotiation with insurance companies
- Court representation, if needed
The Porter Law Group's attorneys understand the physical, emotional, and financial toll that a falling object injury can take on you and your family. We are committed to providing guidance and representation to help you during this challenging time.
Speak to a Construction Accident Lawyer Today
Falling object injuries on construction sites are 100% preventable with proper safety measures and protocols.
If your employer has failed in their legal duty to protect you and you or a loved ones are injured as a result, reach out to the Porter Law Group as soon as possible.
Contact us today for a free, confidential consultation:
- Call, toll-free: 833-PORTER9
- Visit: https://porterprotects.com/contact/
- Email: info@porterlawteam.com
Our construction accident lawyers offer free consultations to evaluate your case and explain your legal options.
There's no fee unless we win your case. Your well-being and financial security are our top priorities, and we are committed to being your advocates every step of the way.
