Struck-By-Object Injuries on NY Construction Sites

Falling objects on construction sites are §240 cases — same strict liability framework as falls from height.

TL;DR

• Workers struck by falling objects on NY construction sites have a Labor Law §240 strict liability claim in addition to workers’ compensation.
• §240 protects against elevation-related hazards in both directions: workers falling down and objects falling on workers.
• Common scenarios: tools, materials, debris, hoisted loads, structural components.
• The object must have been “falling” (subject to gravity) and the protection (hoisting equipment, barricades, netting, etc.) must have been inadequate.

§240 framework for falling objects

For a §240 falling-object claim, the worker must show:

1. The object was being hoisted or secured as part of the construction process, or required securing/hoisting protection
2. The object fell because of inadequate or absent §240 safety devices (rigging, netting, barricades)
3. The fall caused the injury

The Court of Appeals has refined this doctrine over many cases. Objects that were merely at a height but not part of the construction activity may not qualify; objects being hoisted, secured, or that required protection do.

Common scenarios

• Tools dropped from heights — wrench, hammer, drill from upper level
• Materials falling from scaffold, deck, or hoisted load
• Hoisted load failure — rigging detached, load shifted
• Structural debris — beams, decking, formwork
• Overhead work without barricades — workers below working area
• Demolition debris

What the defense argues

• Object wasn’t elevated enough — de minimis height
• Object wasn’t part of construction — pre-existing fixture, abandoned material
• Worker shouldn’t have been there — sole proximate cause arguments

Injuries

• Closed head injury, TBI
• Spinal injury from impact
• Shoulder injury
• Skull and facial fractures
• Internal injuries
• Fatal injuries

What to do next

If you were struck by a falling object on a construction site, mention the object, its source (where it fell from), and any protective devices (or absence) when you contact me directly.

Frequently asked questions

Is being struck by a falling object a §240 case?

Yes, when the object was being hoisted or secured as part of construction or required §240 protection (netting, barricades, rigging) and that protection was inadequate or absent. The Court of Appeals has developed detailed case law on the falling-object prong of §240.

What if the object wasn’t part of the construction work?

If the object was a pre-existing fixture not requiring §240 protection — like a piece of building material at rest — §240 may not apply, though §200 common-law negligence and §241(6) Industrial Code claims may still be available.

Related pages

• Construction-site injuries
• Scaffold falls
• Crane and hoist accidents
• Schedule Loss of Use — shoulder
• Facial Disfigurement Awards