Hand tools dropped from above. Steel beams that came loose. Construction materials that weren't tied off. Loads dropped from cranes or hoists. Debris from a sidewalk shed. Under, falling-object cases are covered when the object was being hoisted or secured (or required securing) and an inadequate safety device — a hoist, sling, rope, brace, or netting — failed. Hardhats are not the only safety device covered.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Site safety logs, OSHA accident reports, GC and sub-contract chain, fall-protection equipment (preserved), and witness statements from co-workers. Immigration status is NEVER discoverable.
Owner/GC carriers know is strict. We document the gravity-related elevation differential and the inadequate-or-missing safety device — and negotiate against $5M+ wrap-up policies.
construction-injury claims often go to summary judgment on liability. Then we try damages only. Powerful procedure when it applies.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
Many lawyers miss this. A falling-object accident on a construction site is generally a absolute-liability case, not a negligence case, when the object was being hoisted or required securing. The leading case is Runner v. NY Stock Exchange. We pursue these as construction-injury claims — which dramatically changes the value.
You can collect Workers' Comp from your employer AND sue the property owner and general contractor under NY's scaffold law. Two recoveries from two different defendants. We handle both.
NY courts have ruled (Balbuena v. IDR Realty) that immigration status does not bar a construction-injury claim and is generally NOT discoverable. We protect that from day one.
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