Long Island
Falling Object Injury Lawyer

Construction Falling Object Attorney

Falling Object Injury Lawyer on Long Island

“Struck-by” incidents — where a worker is hit by a falling tool, building material, or piece of debris — are the second leading cause of construction worker fatalities in the United States, behind only falls from elevation. OSHA classifies struck-by hazards as one of the “Fatal Four” construction dangers, and they account for approximately 15% of all construction site deaths each year. On Long Island, where multi-story residential projects, commercial builds, and infrastructure work are ongoing across Nassau and Suffolk County, falling object injuries are a persistent and deadly hazard.

Under New York Labor Law §240, falling objects on construction sites are treated as gravity-related hazards — the same category that covers falls from scaffolds, ladders, and roofs. This means property owners and general contractors face absolute liability when a worker is struck by a falling object that was not properly hoisted, secured, or contained by an adequate safety device. The injured worker does not need to prove negligence. This is the strongest worker protection in the country, and it applies directly to falling object injuries.

At the Law Office of Jason Tenenbaum, P.C., we represent construction workers and their families who have been injured or killed by falling objects on Long Island job sites. Jason Tenenbaum has spent 24 years litigating construction accident cases under Labor Law §240, building the evidentiary record needed to establish absolute liability and recover maximum compensation for our clients.

Struck by a falling object on a construction site? Call (516) 750-0595 for a free consultation with an experienced construction accident attorney.

Types of Falling Object Accidents

Falling object injuries on construction sites take many forms, each involving different hazards, liable parties, and legal theories. The most common types we handle on Long Island include:

• Tools falling from scaffolds and upper floors — hammers, wrenches, drills, nail guns, and other hand and power tools dropped from scaffolds, elevated platforms, and upper stories. Even a small tool falling multiple stories generates enough force to cause traumatic brain injuries and skull fractures. The absence of toe boards, tool lanyards, or enclosed tool carriers is a direct violation of safety standards.
• Building materials (bricks, steel, lumber) — construction materials stacked on upper floors, scaffolds, or staging areas that are not properly secured against displacement. Bricks, steel beams, lumber, concrete blocks, and piping that slide, roll, or are blown off elevated surfaces strike workers below with devastating force. Proper securing, barricading, and covered storage are required under both OSHA and New York Industrial Code.
• Demolition debris — during demolition operations, chunks of concrete, masonry, metal, and structural elements fall to lower levels. Without debris nets, catch platforms, controlled demolition sequences, and proper exclusion zones, workers operating below demolition activity face constant struck-by risk.
• Unsecured loads on hoists and elevators — materials being transported vertically by hoists, construction elevators, or material lifts that are improperly loaded, overloaded, or inadequately contained. When loads shift, tip, or fall from material hoists, they can strike workers at any level of the structure.
• Crane load drops — cranes lifting steel beams, concrete buckets, HVAC equipment, and other heavy loads that are dropped due to rigging failure, operator error, mechanical malfunction, or overloading. Crane load drops are among the most catastrophic falling object incidents on construction sites, frequently resulting in death or permanent disability.
• Equipment rolling or sliding on inclines — wheelbarrows, material carts, pipe sections, and other equipment placed on inclined surfaces without adequate chocking, bracing, or barriers that roll or slide downhill and strike workers below. These incidents are gravity-related hazards that fall squarely within §240 protection.

If you were injured by any type of falling object on a construction site, call (516) 750-0595 for a free case evaluation.

Labor Law §240 and Falling Objects

Labor Law §240 — New York’s Scaffold Law — is most commonly associated with workers who fall from height. But it applies with equal force to the reverse scenario: objects that fall onto workers. The statute imposes absolute liability on property owners and general contractors for gravity-related injuries, and falling objects are gravity-related by definition.

Absolute Liability — No Need to Prove Negligence

Under §240, the injured worker does not need to prove that the property owner or general contractor was negligent. The worker must only establish that: a gravity-related hazard existed (a falling object), an adequate safety device was not provided or was inadequate (no toe boards, no debris nets, no secured loads), and the lack of safety device was a proximate cause of the injury. Once these elements are established, the property owner and GC are absolutely liable. The only defense available is sole proximate cause — the defendant must prove the worker was the sole cause of their own injury. Comparative negligence is not a defense under §240.

Narducci v. Manhasset Bay Associates

New York courts have repeatedly applied §240 to falling object scenarios on Long Island. In Narducci v. Manhasset Bay Associates, the court found absolute liability where construction materials fell from an elevated work area onto a worker below because no overhead protection or secured storage was provided. The decision reinforced that property owners cannot delegate away their obligation to prevent objects from falling onto workers — the duty is non-delegable regardless of how many subcontractors are involved.

Labor Law §241(6) — Industrial Code Violations

In addition to §240, Labor Law §241(6) provides a parallel claim based on violations of specific safety regulations in the New York Industrial Code (12 NYCRR Part 23). Relevant provisions for falling object cases include requirements for overhead protection, toe boards on scaffolds and open-sided floors, securing of materials at elevation, and debris containment during demolition. A violation of these specific provisions constitutes prima facie evidence of negligence, strengthening the worker’s case and providing an independent basis for liability.

Need help understanding how §240 applies to your falling object injury? Call (516) 750-0595 for a free legal assessment.

Who Is Liable for a Falling Object Injury?

Falling object cases on construction sites frequently involve multiple liable parties. Under New York law, each of the following may bear responsibility:

• Property owner — under Labor Law §240, the property owner has a non-delegable duty to provide adequate safety devices to prevent falling objects. This duty exists regardless of whether the owner was present at the site, hired a general contractor, or was aware of the specific hazard. Absolute liability attaches to the property owner as a matter of law.
• General contractor — the GC bears the same non-delegable duty as the property owner and is typically responsible for implementing site-wide safety measures, including overhead protection, exclusion zones, and material securing protocols.
• Subcontractor who failed to secure materials — the subcontractor whose work created the falling object hazard — by failing to secure tools, materials, or debris at elevation — may be liable under common-law negligence and Labor Law §200. If the subcontractor is not the injured worker’s direct employer, this claim is not barred by workers’ compensation exclusivity.
• Equipment manufacturer — if the falling object incident was caused by a defective hoist, crane, scaffold component, or safety device, the manufacturer faces strict product liability claims. This includes defective rigging hardware, crane components, material hoists, and safety nets that failed to perform as designed.

We investigate every potentially liable party from day one. In falling object cases, the chain of responsibility extends from the property owner who commissioned the project through the general contractor who managed site safety to the subcontractor who left unsecured materials on an upper floor. Identifying all defendants maximizes the total insurance coverage available for your claim.

Not sure who is responsible for your falling object injury? Call (516) 750-0595 — we identify every liable party.

Common Falling Object Injuries

Objects falling from elevation on construction sites strike with tremendous force. A one-pound tool falling from just four stories reaches a velocity capable of fracturing a skull. Heavier objects — bricks, steel beams, concrete blocks — are frequently fatal regardless of what protective equipment the worker is wearing. The most common injuries we see in falling object cases include:

• Traumatic brain injury (TBI) — even with a hard hat, falling objects frequently cause concussions, skull fractures, subdural hematomas, and diffuse axonal injury. The rotational forces generated when a heavy object strikes the head produce brain injuries that cause permanent cognitive impairment, memory loss, personality changes, and inability to return to work. TBI is the most common severe injury in falling object cases and the primary driver of case value.
• Skull fractures — depressed, linear, and basilar skull fractures from direct impact by falling tools, materials, and debris. Depressed skull fractures require surgical intervention to relieve pressure on the brain and remove bone fragments. Basilar skull fractures at the base of the skull carry risks of meningitis, cerebrospinal fluid leakage, and cranial nerve damage affecting vision, hearing, and balance.
• Cervical spine injuries — the force of a falling object striking the head or shoulders can compress, fracture, or dislocate cervical vertebrae. Cervical spine injuries range from herniated discs requiring fusion surgery to complete spinal cord transection resulting in quadriplegia. The downward force vector in falling object impacts makes the cervical spine particularly vulnerable.
• Shoulder and arm fractures — workers who instinctively raise their arms to protect their head suffer fractures of the clavicle, humerus, radius, and ulna. Comminuted fractures (where bone shatters into multiple fragments) from high-energy impacts often require surgical repair with plates, screws, and pins, followed by extensive physical therapy.
• Crush injuries — heavy falling objects such as steel beams, concrete blocks, and equipment can pin and crush limbs, hands, and feet. Crush injuries cause severe tissue damage, compartment syndrome, and in the worst cases require surgical amputation. These are among the most painful and debilitating catastrophic injuries in construction accident cases.
• Death — falling object incidents are the second leading cause of construction worker fatalities. Heavy objects falling from significant heights are frequently fatal on impact. In wrongful death cases, the worker’s family may pursue claims under Labor Law §240 against the property owner and general contractor, recovering funeral expenses, lost financial support, loss of parental guidance, and under New York’s Grieving Families Act, damages for grief and loss of companionship.

Suffering from a falling object injury? Call (516) 750-0595 to discuss your case with an attorney who understands the full scope of struck-by injury damages.

Required Safety Measures to Prevent Falling Objects

OSHA (29 CFR 1926 Subpart M) and the New York Industrial Code (12 NYCRR Part 23) require multiple overlapping safety measures to protect workers from falling objects on construction sites. When any of these measures are absent, the property owner and general contractor face liability.

• Overhead protection — canopies, catch platforms, and covered walkways must be installed to protect workers and pedestrians passing below active overhead work areas. These structures are designed to intercept falling objects before they reach ground level.
• Toe boards — toe boards (minimum 4 inches high) must be installed on all open sides of scaffolds, platforms, runways, and floor openings to prevent tools and materials from being kicked or sliding off edges. The absence of toe boards on scaffolds is one of the most common Industrial Code violations in falling object cases.
• Debris nets and screens — during demolition and overhead construction activities, debris nets and wire mesh screens must be installed to catch falling fragments of concrete, masonry, metal, and other materials before they reach workers below.
• Secured materials — all building materials, tools, and equipment stored or staged on elevated surfaces must be properly secured against displacement by wind, vibration, or accidental contact. Loose stacking of bricks, lumber, or pipe on scaffold platforms or upper floors without barriers violates basic safety standards.
• Tool lanyards — workers at height should tether hand tools using lanyards attached to their tool belts or wrist straps. This prevents dropped tools from falling to lower levels. The failure to provide or require tool lanyards is evidence of inadequate safety device provision under §240.
• Exclusion zones — barricaded areas directly below overhead work must be established to prevent workers from entering the fall zone. Controlled access zones with warning signs and physical barriers keep ground-level workers out of the danger area.
• Hard hat requirements — all personnel on active construction sites must wear ANSI-rated hard hats. While hard hats alone cannot prevent serious injuries from heavy falling objects, they provide a last line of defense against lighter impacts.

The absence of any of these safety measures on a Long Island construction site may constitute a violation of both OSHA regulations and the New York Industrial Code, supporting claims under Labor Law §§240 and 241(6).

Compensation Available for Falling Object Injuries

Falling object injuries on construction sites are frequently severe and life-altering. Because Labor Law §240 imposes absolute liability, injured workers are in a strong legal position to recover the full value of their damages. Recoverable compensation includes:

• Medical expenses — emergency trauma care, neurosurgery, orthopedic surgery, hospitalization, rehabilitation, physical therapy, occupational therapy, and projected future medical treatment. Traumatic brain injuries from falling objects often require years of cognitive rehabilitation and ongoing neurological care.
• Lost wages and earning capacity — income lost during recovery and long-term reduction in earning ability if the injury prevents returning to construction work or any physically demanding occupation. Construction workers who suffer TBI frequently cannot return to any occupation requiring concentration, physical coordination, or heavy labor.
• Pain and suffering — physical pain from fractures, crush injuries, and surgical recovery, as well as the psychological impact of traumatic brain injury, post-traumatic stress disorder, and chronic headaches
• Permanent disability — cognitive impairment from TBI, paralysis from spinal cord injury, amputation from crush injuries, and other lasting disabilities that permanently diminish quality of life and earning capacity
• Disfigurement — visible scarring from surgical incisions, skull reconstruction, and skin grafts. New York juries award substantial compensation for permanent disfigurement, particularly to the head and face.

New York does not cap non-economic damages in personal injury cases. Because falling object injuries are severe and §240 eliminates the need to prove negligence, these cases regularly produce six- and seven-figure recoveries. Use our settlement calculator for an initial estimate of your falling object injury case value.

To discuss the full value of your falling object injury claim, call (516) 750-0595 for a free, no-obligation assessment.

What to Do After Being Struck by a Falling Object

The steps you take after a falling object injury directly affect the strength and value of your legal claim. Construction-specific considerations make these steps critical:

Seek Immediate Medical Attention

Call 911 or have someone call for you immediately. Falling object injuries — particularly head injuries — can cause internal bleeding, brain swelling, and delayed deterioration that are not immediately apparent. Do not refuse ambulance transport. Even if you feel alert, traumatic brain injuries frequently present with a “lucid interval” where the victim appears fine before rapidly deteriorating hours later. Emergency room records create critical contemporaneous medical documentation that insurance companies cannot easily dispute.

Preserve Evidence at the Scene

If you are physically able, or have a coworker do it for you: photograph the object that struck you, photograph the location it fell from, photograph the area where safety devices (toe boards, debris nets, overhead protection) should have been, and photograph your injuries. Identify and photograph any safety equipment that was missing, defective, or inadequate. Construction sites change daily — the scaffold that was missing toe boards today may be corrected by tomorrow morning.

Report the Accident

Notify your supervisor or foreman immediately and ensure the incident is documented in writing. Request a copy of the accident report. OSHA requires employers to report any hospitalization, amputation, or fatality, which triggers an official investigation that produces valuable evidence for your claim.

Contact an Attorney Before Speaking to Insurance Companies

Do not give recorded statements to the property owner’s or general contractor’s insurance company. Adjusters will attempt to shift blame to you — arguing you entered the fall zone voluntarily, failed to wear a hard hat, or contributed to the object falling. Under §240, comparative negligence is not a defense, but insurance companies will still try. Early attorney involvement protects your rights, preserves evidence, and ensures all claims are properly asserted against every liable party.

Why Hire Jason Tenenbaum for Your Falling Object Case

Jason has litigated construction accident cases under Labor Law §240 on Long Island since 2002, including falling object cases involving tools dropped from scaffolds, materials falling from upper floors, crane load drops, and demolition debris strikes. He understands the Runner v. New York Stock Exchange test, knows which Industrial Code provisions apply to falling object hazards, and has the trial experience to hold property owners and general contractors accountable under the Scaffold Law’s absolute liability standard.

Falling object cases require meticulous evidence preservation because the conditions that caused the accident are often corrected within hours. Jason moves immediately to document the scene, secure OSHA reports, obtain site safety logs, and identify every party in the chain of responsibility — from the property owner to the GC to the subcontractor who left unsecured materials on an upper floor. He works with accident reconstructionists and medical experts to build cases that capture both the full scope of liability and the full extent of injuries.

Jason handles every case personally from first consultation through trial or settlement. He writes his own motions for summary judgment on §240 liability, takes his own depositions, and stands in front of the judge himself. Consultations are free, and you pay nothing unless we recover compensation for you.

Related practice areas: Construction Accidents • Scaffold Accidents • Crane Accidents • Electrocution Injuries • Trench Collapse • Personal Injury • Brain Injuries • Back Injuries • Catastrophic Injury • Wrongful Death • Pain & Suffering • Settlement Calculator