Queens Struck by Falling Object Lawyer

When something falls from above on a Queens construction site, the results can be devastating: fractured skulls, shattered shoulders, spinal injuries, and worse. If you or a family member was struck by a falling object at a construction site in Queens, New York Labor Law may entitle you to compensation well beyond what workers' comp alone provides. A Queens struck by falling object lawyer at The Orlow Firm has represented injured construction workers throughout Long Island City, Flushing, Astoria, Jamaica, and Queens for over 40 years.

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Construction is the most dangerous industry in Queens. Our analysis of OSHA Severe Injury Report records from 2015 through July 2025 found that construction accounts for 95 of 284 Queens severe workplace injury incidents — 33.5% of the borough total, far more than any other industry. Among those construction injuries, "struck by falling object or equipment" is the third most common event type, with 11 documented incidents in Queens over that period.

Queens has seen one of its biggest construction booms in decades. Long Island City has become one of NYC's fastest-growing neighborhoods, with 30 construction severe injuries on record there — more than any other Queens neighborhood. Flushing's downtown rezoning, Jamaica's transit corridor development, and active projects in Astoria and Jackson Heights put thousands of workers on elevated platforms and scaffolding every day. When materials, tools, or equipment fall from those heights, the people below — workers or pedestrians — can suffer life-changing injuries.

OSHA lists "struck by object" as one of the "Fatal Four" — the four leading causes of construction worker deaths in the United States. Nationally, an estimated 50,000 struck-by-falling-object incidents occur every year, roughly one every 10 minutes.

Labor Law 240: Absolute Liability When a Falling Object Strikes You

New York Labor Law § 240 is known as the "Scaffold Law." Most people know it covers falls from height. What fewer workers know is that it equally protects against being struck by a falling object.

The law was designed to prevent injuries "where a hoist, stay, or other device proved inadequate to shield a worker from harm directly flowing from the application of gravity to an object." This covers a wide range of incidents: an HVAC unit slipping from its rigging during a lift, unsecured rebar sliding off a platform and hitting a worker below, scaffolding materials falling onto a laborer on a lower level.

The law uses strict liability. Property owners and general contractors cannot escape responsibility by claiming the worker was careless, that the accident was unforeseeable, or that they did almost everything right. If a required safety device was missing or inadequate and that failure caused the injury, liability is established. The only defense available is proving the worker's own conduct was the sole cause of the accident — a standard that is very difficult to meet when safety devices were missing.

This protection applies to all workers regardless of immigration status or union membership. Undocumented workers and non-union laborers have the same rights under Labor Law 240 as any other construction worker.

Labor Law 240 covers construction, demolition, repair, alteration, painting, cleaning, and pointing of a building or structure. The work being performed must fall within these categories. Our attorneys evaluate every case carefully to determine which statutes apply.

Statute: New York Labor Law § 240 — https://www.nysenate.gov/legislation/laws/LAB/240

Labor Law 241(6): A Broader Layer of Protection

Not every struck-by incident fits neatly under § 240's framework. New York Labor Law § 241(6) adds protection by requiring all property owners and general contractors to follow specific provisions of the New York Industrial Code (12 NYCRR Part 23).

For workers struck by falling objects, the most relevant Industrial Code provisions are:

• 23-1.7(a) — Overhead protection: workers exposed to overhead hazards must be protected by overhead coverings or other suitable means where the work allows
• 23-2.1 — Maintenance and storage: materials must be stored safely and equipment maintained to prevent falls
• 23-1.5 — General duty to provide safe equipment adequate for the hazard

Unlike § 240's absolute liability, § 241(6) allows comparative negligence as a defense. A worker's own degree of fault can reduce their recovery. But comparative negligence rarely eliminates a recovery entirely, and § 241(6) covers a wider range of injury situations. It is an important option when a § 240 claim is challenged.

Our attorneys look at both statutes together, because the two laws working in combination give injured workers the best footing for their claims.

Statute: New York Labor Law § 241 — https://www.nysenate.gov/legislation/laws/LAB/241

Workers' Compensation vs. Third-Party Lawsuit: What's the Difference?

If you were struck by a falling object at a Queens construction site, you likely have two separate paths to compensation.

Workers' Compensation pays through your employer's insurance. It covers medical bills and roughly two-thirds of your lost wages, no proof of fault required. But workers' comp does not cover pain and suffering, does not replace full wages, and does not address permanent reductions in your earning capacity.

A Third-Party Labor Law Lawsuit runs separately from workers' comp. If you work for a subcontractor, your direct employer is shielded by workers' comp. But the property owner and general contractor can be sued directly under Labor Laws 240 and 241. They are the parties with responsibility for making the site meet safety requirements, and the Labor Law holds them accountable.

A third-party lawsuit can recover what workers' comp does not: full wages (not just two-thirds), pain and suffering, emotional distress, and loss of union benefits — including pension and health insurance. It can also compensate for permanent disability.

One practical issue: when you settle a third-party lawsuit, the workers' comp insurer can assert a lien on the recovery to get back what it paid out. A good attorney can negotiate that lien down, which puts more money in your pocket.

Struck by Falling Objects in Queens: What These Accidents Look Like

These accidents happen across the borough.

Long Island City is the center of Queens construction activity. Our analysis of OSHA records found 30 construction severe injuries there between 2015 and 2025 — more than any other Queens neighborhood. Massive residential towers and mixed-use developments keep cranes and hoisted loads moving daily.

Astoria recorded eight construction severe injuries over the same period, along with seven amputations — among the highest in the borough. Waterfront and mixed-use development keeps Astoria one of the borough's busiest construction zones.

Flushing is in the middle of a downtown overhaul, with 10 construction severe injuries in OSHA's Queens data. Dense urban development means construction sites sit directly next to pedestrian foot traffic.

Common objects that cause struck-by injuries at Queens construction sites:

• Hoisted loads — HVAC units, steel beams, precast concrete panels, and material bundles that slip from rigging
• Scaffolding components — planks, braces, and couplers that fall when scaffolding is improperly set up or taken down
• Power tools and hand tools — drills, hammers, and wrenches dropped from elevated platforms
• Construction materials — bricks, rebar, lumber, and debris falling from floors under construction
• Demolition debris — masonry, concrete, and structural pieces knocked loose during demolition
• Unsecured crane loads — materials swinging or dropping during crane lifts

Pedestrians are also at risk. When Queens construction sites do not maintain proper sidewalk sheds or overhead protection, people walking by can be hit by debris, tools, or facade materials. Labor Law 240's strict liability applies to pedestrians injured by falling construction objects.

Injuries from Being Struck by a Falling Object

How bad the injury is depends on the size and height of the falling object. But even a smaller object falling from several stories up can cause serious harm or death.

Our attorneys have helped clients recover compensation for:

• Traumatic brain injury (TBI) — even with a hard hat, a heavy object falling from height can cause severe TBI. Symptoms range from concussion to permanent cognitive impairment
• Skull fractures — fractures are the most common severe injury type in Queens, accounting for 37.3% of all Queens severe injuries in OSHA data
• Spinal cord injuries — a struck-by impact can knock a worker off a platform, causing a secondary fall with spinal consequences
• Shoulder injuries — the most common result in our struck-by cases, often needing arthroscopic surgery or shoulder replacement
• Crush injuries — heavy equipment or loads landing on workers can crush limbs, the chest, or the abdomen
• Traumatic amputations — caught-in and struck-by events account for 55 amputations among Queens workers over the past decade, with Long Island City and Astoria having the highest counts
• Eye injuries — falling debris, concrete fragments, and metal shards can cause permanent vision loss even when eye protection is worn
• Wrongful death — when an object is heavy enough or the drop height great enough, these accidents can be fatal

Our Results in Struck-by and Falling Object Cases

The Orlow Firm has recovered compensation for clients injured by falling objects at New York construction sites:

$2,600,000 — An HVAC laborer was injured when a drop ceiling being installed fell on his head, causing injuries to his back, knees, and shoulder.

$825,000 — A worker was helping install an HVAC unit when it fell on his arm, causing a shoulder injury requiring surgery.

$750,000 — A construction worker was struck when debris fell from above, tearing the ligaments in his shoulder and requiring arthroscopic surgery.

$375,000 — Demolition debris fell onto a worker, causing a shoulder injury that required surgery.

$215,000 — A worker's wrist was struck by falling construction debris.

Prior results do not guarantee a similar outcome.

Compensation You Can Recover After Being Struck by a Falling Object

A third-party Labor Law lawsuit lets injured workers pursue damages that workers' comp does not cover.

Economic Damages

• Medical expenses — emergency care, surgery, hospitalization, physical therapy, pain management, and future treatment costs
• Lost wages — full income lost during recovery, not just the partial replacement workers' comp provides
• Lost earning capacity — if your injury prevents you from returning to construction work or reduces your ability to work in the future
• Loss of union benefits — health insurance, pension contributions, and supplemental union benefits that workers' comp cannot replace

Non-Economic Damages

• Pain and suffering — not available under workers' comp, but recoverable in a third-party lawsuit
• Emotional distress — PTSD and anxiety are recognized consequences of serious struck-by incidents
• Loss of enjoyment of life — activities you can no longer do because of the injury

Wrongful Death Damages

If a struck-by accident resulted in a death, the family can pursue a wrongful death claim for funeral expenses, lost financial support, and loss of companionship.

We take all Queens struck-by cases on contingency — you pay nothing unless we win.

What to Do After Being Struck by a Falling Object on a Queens Job Site

The steps you take right after the accident matter for your case:

1. Seek emergency medical care immediately. Go to Elmhurst Hospital Center, NewYork-Presbyterian Queens, Jamaica Hospital Medical Center, or call 911. Many internal injuries are not obvious at first, and delaying care can hurt both your health and your claim.

2. Report the accident to your employer or supervisor the same day. Ask for a written incident report and keep a copy.

3. Document the scene. If you can, photograph where the accident happened, the object that fell, any missing or broken safety equipment, and your injuries.

4. Get witness contact information. Co-workers who saw the accident may be key to your case.

5. Do not give a recorded statement to any insurance adjuster before speaking with an attorney.

6. File your workers' comp claim. You have 30 days to notify your employer and two years to file formally with the Workers' Compensation Board.

7. Call a Queens attorney promptly. Construction sites change fast. Evidence disappears, materials are removed, and witnesses move on. The sooner we start, the better your case.

Call (646) 647-3398 for a free consultation. We can come to you if you are hospitalized or cannot travel.

Statute of Limitations: Know Your Deadlines

• Personal injury / Labor Law claim: Three years from the date of the accident (NY CPLR § 214)
• Workers' comp notification: 30 days from the accident to notify your employer
• Workers' comp formal claim: Two years to file with the Workers' Compensation Board (Form C-3)
• Government entity defendants: If the accident occurred on a project run by a city agency — NYCHA, NYC DOT, NYC DEP, or NYC DOB — you must file a Notice of Claim within 90 days and start suit within one year and 90 days (NY General Municipal Law § 50-e). Many Queens construction projects involve city agencies. Missing this deadline forfeits your right to sue
• Wrongful death: Two years from the date of death (EPTL § 5-4.1)

Queens has a large number of city-agency construction projects. The 90-day Notice of Claim deadline catches many injured workers off guard. Our attorneys identify every potentially liable party — including government entities — and track every deadline.

Frequently Asked Questions About Queens Struck-by-Falling-Object Cases

Can I sue if I was struck by a falling object at a Queens construction site?

Yes. New York Labor Law § 240 creates strict liability for property owners and general contractors when a worker is struck by a falling object due to a missing or inadequate safety device. You can file a third-party lawsuit against the property owner and general contractor even while receiving workers' compensation benefits from your employer.

Does Labor Law 240 cover being struck by a falling object — or just falls?

Labor Law 240 covers both. The statute protects workers from "harm directly flowing from the application of gravity" — which includes both falling workers and workers struck by falling objects. The same strict liability standard applies: if a required safety device was missing or inadequate, the owner and general contractor are liable.

Can pedestrians sue if struck by falling debris near a Queens construction site?

Yes. Labor Law 240's strict liability protections extend to pedestrians hit by falling construction objects, not just workers on the site. A pedestrian struck by debris, tools, or materials falling from a scaffolded building may have a claim against the property owner and general contractor.

Can undocumented workers file a lawsuit if struck by a falling object?

Yes. Labor Law 240 protects all construction workers regardless of immigration status or union membership. An undocumented worker injured at a Queens construction site has the same legal rights as any other worker under New York's labor laws.

What if I was wearing a hard hat — does that hurt my case?

No. The presence of PPE does not defeat a Labor Law 240 claim. The question is whether the property owner and general contractor provided adequate safety devices to prevent the object from falling. Wearing a hard hat is a response to the hazard — it does not mean the hazard was properly addressed.

What if my employer says I was partly at fault?

Under Labor Law 240, comparative negligence is not a defense for property owners and general contractors. The only defense they can raise is the "sole cause" defense — proving your conduct was the sole cause of the accident. That standard is very difficult to meet when safety devices were absent. Under § 241(6), comparative negligence can lower your award but will not end your recovery if there was an Industrial Code violation.

What are the filing deadlines if a city agency was involved?

If your accident happened on a project involving a city agency — NYCHA, NYC DOT, NYC DEP, or any government body — you must file a Notice of Claim within 90 days. Miss that deadline and you lose your right to sue. Many Queens construction projects involve government agencies, so this comes up often. Contact an attorney right away.

How long does a struck-by-falling-object case take in Queens?

Most cases resolve within one to three years, depending on how vigorously the defendant fights the claim. Cases with clear Labor Law 240 violations often settle before trial. Cases involving multiple parties or the sole-cause defense may take longer. The sooner you retain an attorney, the sooner the investigation gets underway.

Contact a Queens Struck by Falling Object Lawyer Today

If you or a loved one was struck by a falling object at a Queens construction site, the most important step is talking to an attorney who knows New York Labor Law and Queens courts.

The Orlow Firm has represented injured construction workers throughout Flushing, Long Island City, Astoria, Jamaica, and all of Queens for over 40 years. Our founding partner, Steven Orlow, is a Cornell Law graduate and former NYC Council Member-At-Large representing Queens County. Adam Orlow, Managing Partner and former President of the Queens County Bar Association (2022-2023), brings direct knowledge of the local legal community. As a family firm, you work directly with our partners, not junior associates.

Call (646) 647-3398 for a free consultation. We take all struck-by cases on contingency — you pay nothing unless we win. Se Habla Español. We can come to you if you cannot come to us.

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Sources & Official Resources

New York Laws Cited

1. New York Labor Law § 240 — Scaffolding and other devices (Scaffold Law)
2. New York Labor Law § 241 — Construction, excavation and demolition work
3. CPLR § 214 — Actions to be commenced within three years (personal injury)
4. General Municipal Law § 50-e — Notice of Claim (90-day deadline)
5. EPTL § 5-4.1 — Wrongful death statute of limitations (2 years)

Industrial Code Regulations

6. 12 NYCRR § 23-1.7 — Protection from general hazards (overhead protection)

Government Safety Data

7. OSHA Construction Focus Four: Struck-By Hazards
8. OSHA Commonly Used Statistics
9. NYC Department of Buildings, Construction Safety Summary (April 2025)
10. NY Workers' Compensation Board — Filing a Claim

Data Methodology

Borough and neighborhood breakdowns cited on this page were calculated by The Orlow Firm's research team from publicly available OSHA Severe Injury Report (SIR) data and OSHA Injury Tracking Application (ITA) Form 300A records filtered by Queens zip codes. OSHA publishes these records at the address or zip-code level; the borough and neighborhood aggregations above are our own tallies, as OSHA does not publish pre-calculated borough-level breakdowns. "Struck by falling object/equipment" event counts reflect records where the OSHA event description field matched this category in Queens-zip-code records from January 2015 through July 2025.