I was working on a construction site when two roof tiles fell from two stories high and struck me. I was knocked off of a deck I was building and broke my leg. Can I bring a claim for my injuries?
Yes. You have two claims. A falling object construction accident New York case typically involves both a Workers’ Compensation claim for medical expenses and lost wages, and a separate lawsuit against the owner and general contractor for pain and suffering under the New York Labor Law. For a broader overview of construction accident claims, see our construction accident lawyer Staten Island page.
Your Falling Object Construction Accident New York Claims
Our office always recommends that an injured construction worker apply for Workers’ Compensation benefits immediately. Since you were injured in a dramatic fashion, an ambulance likely took you to a hospital. Given that witnesses, your supervisor, and co-workers saw you removed by ambulance, your employer has clear notice of the accident. Your employer is required to report the injury to their Workers’ Compensation carrier. The hospital will want the carrier information from your employer.
File a C-3 claim form with the Workers’ Compensation Board as soon as possible. There is a 30-day deadline to notify your employer and a two-year statute of limitations to file with the Board. Workers’ Compensation will pay for your medical treatment and a portion of your lost wages while you are unable to work. For more detail on the Workers’ Compensation process for construction workers, see Construction Accident Workers Compensation New York.
Labor Law § 240 — Absolute Liability
Your second and more significant claim is under Labor Law § 240. This statute, known as the Scaffold Law, covers both workers who fall from heights and workers who are struck by falling objects. Your case falls squarely within its protection.
Under Labor Law § 240, the general contractor and building owner have a non-delegable duty to secure building materials at elevation — including roof tiles, tools, beams, or any object that could fall and injure a worker below. The fact that you are a carpenter who had nothing to do with laying roof tiles is irrelevant. The Labor Law protects all workers on the job site from falling object hazards, regardless of their trade.
The critical feature of § 240 is that liability is absolute. The general contractor and owner cannot argue that you should have moved out of the way, or that you were comparatively negligent for being in the area. A violation of the Labor Law is sufficient to establish liability. Your own conduct is not a defense available to them.
To establish a falling object construction accident New York claim under § 240, the injured worker must show that the object was being hoisted or secured, or that the fall was caused by the absence of a safety device required by the statute. In your case, roof tiles that were not properly secured before falling two stories present a strong § 240 claim.
Labor Law § 241(6) — Safety Regulation Violations
You also have a claim under Labor Law § 241(6). This statute requires the general contractor and owner to comply with specific safety regulations issued by the New York State Department of Labor. Unlike § 240, a § 241(6) claim is not absolute — comparative negligence applies, meaning the jury can reduce your damages by your percentage of fault.
Relevant Industrial Code regulations for falling object cases include provisions requiring overhead protection for workers in areas where materials are being stored or moved at elevation, and requirements for the proper storage and securing of materials on scaffolds and roofs. Your attorney will identify which specific regulations were violated based on the facts of your accident.
While § 241(6) is the weaker of the two claims given the comparative negligence exposure, it is routinely pleaded alongside § 240 to maximize the theories of recovery available at trial. For a detailed explanation of how Labor Law claims work together, see Labor Law Construction Accident New York.
Labor Law § 200 — General Negligence
A claim under Labor Law § 200 — the general negligence standard — may also be available if the general contractor had notice of the unsecured roof tiles and the authority to correct the condition. This claim also carries comparative negligence exposure, but is useful when the general contractor had direct supervisory control over the work area where the hazard existed.
Recoverable Damages
A successful falling object construction accident New York case can recover pain and suffering, loss of enjoyment of life, future medical expenses, and future lost earnings — damages that Workers’ Compensation does not cover. In cases involving broken bones, spinal injuries, or head trauma from falling objects, these damages can be substantial.
The Workers’ Compensation carrier will assert a lien against your Labor Law recovery for the benefits it paid. Under Workers’ Compensation Law § 29, that lien is reduced proportionately by the costs of litigation, which your attorney will negotiate at the time of settlement or verdict.
Does the One or Two Family Home Exemption Apply?
The Labor Law exempts owners of one and two family dwellings who do not direct or control the work on the site. If your accident occurred at a private home rather than a commercial job site or larger residential construction project, that exemption may apply. Based on your description of a multi-story construction site, the full protections of the Labor Law should apply to your case.
By James Santner, Esq.
If you have been injured in a falling object construction accident in New York, contact our office. Consultations are free and there is no fee unless we win.