The cases come in patterns: tool drops, material falls, form failures, debris during demolition, crane and hoist load drops, window and glass falls, and falling overhead structures.
§240 equally protects workers struck by falling objects. For a falling object case: (1) the object fell while being hoisted, secured, or stored; (2) the object required securing because of the work being performed; (3) adequate protective devices were either not provided or were inadequate. If those elements are met, §240’s absolute liability applies.
The chain of liability typically includes the property owner, general contractor, the subcontractor whose work produced the falling object, the rigger or hoist operator if the object fell during a lift, and equipment manufacturers in product liability claims.
Falling object injuries include traumatic brain injuries, skull fractures, cervical spine injuries, crush injuries to limbs, lacerations, internal organ injuries, eye injuries, and fatal injuries.
Steps after a falling object accident: get medical care, tell the doctor what hit you, report the accident in writing, photograph the object and scene, get witness names, save your hard hat, call a lawyer before signing anything.
Damages include medical, lost wages, pain and suffering, loss of consortium, wrongful death. Prior results do not guarantee a similar outcome.
Falling object cases turn on operational details: the hoisting plan, the exclusion zone, storage of materials, pace of demolition, and prior incidents. These are operational questions a developer asks first.
In a typical negligence case, the defense will argue your case down with comparative-fault arguments — that you weren’t paying attention, that you took a shortcut, that you should have known better. Under §240, those arguments generally cannot defeat the claim. That is why §240 cases tend to settle higher and earlier than negligence-only construction cases.
The Scaffold Law is New York Labor Law §240(1). It places absolute liability on owners and general contractors for gravity-related injuries that occur because workers weren’t given proper safety equipment — scaffolds, ladders, hoists, harnesses, anchor points, or other protective devices. If you were injured by a fall from a height, or by a falling object that wasn’t properly secured, §240(1) likely applies. Comparative negligence is not a defense.
Yes. The Scaffold Law applies to the owner and general contractor, not your employer. You generally cannot sue your direct employer for a workplace injury because of New York’s Workers’ Compensation exclusivity rule (WCL §11). But you can pursue the property owner and the GC who controlled the site. Workers’ comp benefits run in parallel — you don’t have to choose.
Labor Law §241(6) covers injuries from violations of specific Industrial Code rules — things like inadequate lighting, unsafe walking surfaces, missing guardrails, improper hoisting. You have to identify a specific Industrial Code section the defendant violated. Comparative negligence applies. §240 is narrower (height + falling objects) but easier to prove. Many construction cases plead both.
§200 is the codification of general negligence on a worksite. It applies when an owner or general contractor exercised supervision or control over the work and was on notice of the dangerous condition that caused the injury. It’s broader than §240 and §241 but harder to win — you have to prove notice and control.
Yes. New York protects all injured workers regardless of immigration status. The Court of Appeals confirmed this in Balbuena v. IDR Realty LLC, 6 N.Y.3d 338 (2006). Your status cannot be used to limit your recovery for past or future lost wages, and it does not affect Workers’ Compensation eligibility. Your immigration information is not disclosed to immigration authorities in the course of your civil case.
Three years from the date of the accident under CPLR §214(5) for personal injury, or two years from the date of death for a wrongful death claim under EPTL §5-4.1. If the defendant is a public entity (NYCHA, the MTA, a school district), you must file a Notice of Claim within 90 days under General Municipal Law §50-e. Some §240 cases against public entities require the 90-day notice; talk to a lawyer before the deadline.
