Labor Law § 240 protects against two kinds of gravity hazards: workers who fall, and objects that fall on workers. When a tool, load, or piece of material that should have been secured or hoisted properly strikes a worker, owners and general contractors can be held strictly liable. Pedestrians struck by debris from a site may also have claims, on different grounds.
The free Accident Answer Engine walks through your situation and shows the legal issues, deadlines, and next steps that fit it. Open the Answer Engine →
How New York law applies
- Falling-object protection under § 240. When an object that required securing or hoisting falls and injures a worker, the statute's strict-liability protection can apply.
- The hazard must be elevation-related. Courts look at whether the object fell because a required safety device (a hoist, a tie-off, proper securing) was absent or inadequate.
- Pedestrians have a separate path. People struck by falling debris near a site may pursue negligence and premises claims against responsible parties.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The property owner
- The general contractor
- The subcontractor whose work caused the fall
- An equipment or rigging supplier
- Your employer (workers' compensation)
Deadlines that matter
A third-party construction case generally must be filed within three years, and a related wrongful-death claim within two years. Public projects can shorten these windows. Just as important, job sites change quickly — equipment and witnesses disappear — so prompt documentation matters.
What to do now
- Report the injury to your employer or supervisor in writing the same day, and start a workers' compensation claim to protect your benefits.
- Get medical care immediately and tell the provider exactly how the injury happened on the job.
- Write down which contractors were on site, what equipment was involved, and any safety device that was missing, broken, or not provided.
- Identify co-workers who saw what happened — job sites change fast and witnesses move on.
- Photograph the location, the equipment, and the conditions if you safely can.
Mistakes to avoid
A good case can be undercut in the first days. Watch for these:
- Assuming workers' compensation is your only option — a separate third-party case against a contractor, owner, or equipment maker is often available and can recover far more.
- Letting the job site get cleaned up or repaired before the conditions are documented.
- Giving a recorded statement to the site's insurer or signing forms you don't understand.
- Waiting to act — memories fade, workers leave, and key deadlines can be short.
What affects your case's value
No one can responsibly promise a number before reviewing your records. These are the factors that actually move it:
- Whether the object required securing or hoisting
- Injury severity and permanence
- The mechanism and height of the fall
- Lost earnings and future care
- Available insurance
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
How can a falling object be a “Scaffold Law” case?
Labor Law § 240 covers gravity-related hazards in both directions — a worker falling, and an object falling on a worker — when proper securing or hoisting devices weren't used.
Does any falling object qualify?
Not automatically. The key is whether the object needed to be secured or hoisted and fell because an adequate safety device wasn't provided. That's a fact question worth reviewing.
I'm a pedestrian who was hit by debris. What about me?
You may have a negligence or premises-liability claim against the contractor or owner, even though the worker-specific Labor Law sections don't apply to you.
What evidence helps?
The object, where it fell from, how it was (or wasn't) secured, photographs, and witnesses — gathered before cleanup.