Being injured by heavy equipment on a job site is a life-changing event. One moment, you're working hard, providing for your family, and the next, you're facing pain, uncertainty, and a stack of medical bills. If you’ve been hurt, first know this—you didn’t deserve this, and it’s not your fault. Accidents like these should never happen on a properly run worksite.
If you've recently suffered a work injury caused by falling heavy equipment, the road ahead might feel overwhelming. But there are actions you can take now to protect your health and seek the compensation you deserve, whether through a workers’ compensation claim, personal injury lawsuit, Social Security Disability benefits—or all three.
Steps to Take After a Heavy Equipment Accident
The days and weeks after a heavy equipment accident can be chaotic, but there are steps you can take to strengthen your recovery—both physical and financial. Here’s what you should do if heavy equipment falls on you:
- Get Medical Attention Immediately: Your health is the top priority. Ideally, you would have called 911 or sought medical care right away, even if you feel you can “tough it out.” Injuries might not be immediately visible, and delaying treatment can make your condition worse. If you haven’t already, see a doctor as soon as possible. Keep detailed records of all medical visits, diagnoses, and treatments. These records will be critical if you pursue compensation later.
- Report the Incident: If you haven’t already, inform your supervisor or employer about the accident as soon as possible. If the incident happened at a construction site, your employer is required to log the accident and report it to OSHA (Occupational Safety and Health Administration). Make sure to keep a copy of any incident report you file.
- Document Everything: Take photos of the accident scene, the equipment involved, and your injuries. If there were witnesses, ask for their names and contact information. This evidence could be vital in proving what happened and holding the responsible parties accountable.
- Speak with a Doctor You Trust: Some employers may try to send you to their pre-approved doctor for an evaluation. Remember, you have the right to seek a second opinion or consult your own doctor to ensure you’re getting unbiased and thorough medical care.
- Avoid Giving Statements Without Legal Counsel: Be careful about discussing the incident with insurance companies or supervisors without legal guidance. Anything you say could be used against you to limit your claim.
Taking these steps safeguards your health and helps protect your rights during this challenging time. Also, consider talking with an experienced construction accident lawyer. Seeking legal advice can provide clarity, ensure your voice is heard, and guide you toward the compensation you deserve.
Falling Object Hazards in Workplaces
Falling object hazards aren’t limited to construction sites—they’re a risk across many types of workplaces, from warehouses and office spaces to industrial sites and retail environments. Wherever workers are surrounded by equipment, tools, or stored items, there’s always a potential for something to come loose and fall.
Common causes of falling object hazards include unsecured storage, improper stacking of supplies, equipment malfunctions, and even accidental drops during work. For example:
- Warehouses often see items falling from tall shelves if they’re not properly secured or are overstocked.
- Offices can have hazards like overhead storage that isn't sturdy enough to hold heavy items.
- Industrial Sites might see tools, mechanical parts, or protective equipment falling from scaffolds, forklifts, or overhead machinery.
No matter the setting, these accidents can cause serious harm. That’s why safety measures are crucial. Employers have a responsibility to implement effective precautions, such as:
- Proper Storage Practices – Ensuring items are securely placed in designated areas and using shelving or racks designed to handle their weight.
- Personal Protective Equipment (PPE) – Providing gear like hard hats or protective eyewear to reduce injury risks when hazards exist.
- Routine Safety Inspections – Regularly checking equipment, storage areas, and the workplace to identify and fix potential hazards before they lead to an accident.
Training is equally important. Workers need to understand how to spot risks and safely handle materials or tools at heights. Simple measures like securing objects when working on ladders or inspecting storage racks can make a huge difference in preventing accidents.
Types of Injuries from Falling Objects
When objects fall, the injuries they cause can range from minor cuts and bruises to severe, life-altering trauma. The damage depends on the size, weight, and height from which the object falls, but even a seemingly small object can cause serious harm when dropped from overhead.
Some of the most common injuries caused by falling objects include:
- Head Injuries and Traumatic Brain Injuries (TBIs): A direct blow to the head can result in anything from a minor concussion to long-term brain damage, impacting memory, cognitive functions, and emotional well-being.
- Fractures and Broken Bones: Wrists, arms, shoulders, and legs are often at risk when workers instinctively try to shield themselves or if heavy objects land on them.
- Scarring and Disfigurement: Falling items with sharp edges, like tools or glass, can create permanent damage to skin and underlying tissues.
- Neck and Spine Injuries: The force of an impact can strain or damage the spine, potentially leading to herniated disks, chronic back pain, or even paralysis.
- Internal Injuries: Heavy objects striking the torso can result in internal bleeding or damage to organs, which may not be immediately visible but can be life-threatening.
- Crush Injuries and Amputations: Larger objects can pin workers down, causing serious crush injuries that may result in permanent disability or loss of limbs.
The physical injuries from falling objects often come with a ripple effect—mental distress, financial strain, and reduced quality of life are common. Victims may face long recovery periods, limited mobility, and an inability to perform the same tasks they once could at work.
These risks underline the importance of maintaining safe practices in workplaces. Managers and employees working together to address potential hazards can help prevent tragedies and ensure everyone goes home safely at the end of the day. No job should compromise your well-being.
Who Is Responsible for a Falling Equipment Accident?
Heavy equipment accidents often stem from negligence, whether on the part of the site owner, contractors, or equipment manufacturers. Construction sites in bustling areas like Queens, Manhattan, and Long Island are required to follow strict safety protocols. When they don’t, workers pay the price.
Possible causes of falling equipment injuries include:
- Poor Maintenance – Faulty cranes, forklifts, or scaffolding that collapse under load.
- Improper Training – Workers improperly operating equipment.
- Lack of Safety Measures – Items not properly secured or safeguarded.
- Oversight Failures – Contractors or site supervisors ignoring potential risks.
If one or more of these factors played a role in your accident, you may be able to hold those responsible accountable.
Options for Financial Compensation
Recovering from a serious injury should be your only concern, but the costs associated with medical care, lost income, and physical pain can pile up fast. Fortunately, several avenues may help cover your losses.
Personal Injury Lawsuits
If a negligent party caused the accident, you may be able to file a personal injury lawsuit. New York laws provide strong protections for injured construction workers.
- You can pursue compensation for pain and suffering—both physical and emotional harm—as well as your medical bills, lost wages, and benefits.
- The lawsuit doesn’t require the employer or contractor to have been directly involved in the accident. For example, site owners or other third parties may still be held liable.
Workers' Compensation Benefits
If you were injured on the job, you are likely entitled to workers’ compensation benefits under New York State law. These benefits are designed as a safety net but may not fully address all your losses. Workers' compensation typically covers:
- Medical Expenses – Payment for doctor visits, surgeries, rehabilitation, and medications.
- Lost Wages – Partial compensation for the income you lose while unable to work.
Keep in mind that workers' compensation does not cover pain and suffering.
Social Security Disability Benefits
If your injuries are severe and you’re unable to return to work, you may qualify for Social Security Disability (SSD) benefits. These benefits can provide long-term financial support for injured workers who meet the eligibility requirements, such as:
- Having paid into Social Security through work history.
- Sustaining a disabling condition that prevents you from working.
Applying for these benefits can be complex, so it’s helpful to have an attorney or legal advocate assist with gathering documentation and submitting claims.
How Do New York Labor Laws Protect Construction Workers?
New York State labor laws, especially Sections 240(1), 241(6), and 200, are among the strongest legal protections for injured construction workers in the country. Understanding these laws is vital to exploring your legal options.
Labor Law Section 240(1): “The Scaffold Law”
Section 240(1), commonly known as the Scaffold Law, provides critical protections for workers facing gravity-related risks, such as falling objects or workers falling from heights. This law requires contractors, property owners, and their agents to ensure adequate safety equipment is in place, such as harnesses, nets, or secure scaffolding. If safety measures fail or are not provided, injured workers can hold these parties accountable, even if the employer was not directly involved in the accident.
Labor Law Section 241(6): Specific Industrial Code Violations
Section 241(6) enforces compliance with the New York Industrial Code, which outlines specific safety standards for construction sites. This law allows workers injured by unsafe conditions—like hazardous machinery, inadequate lighting, or falling objects—to sue contractors or owners for negligence. It ensures accountability for violations like failing to properly secure equipment or provide sufficient training. Workers are protected even if their employer wasn’t directly at fault, helping establish safer environments across job sites.
Labor Law Section 200: General Duty of Care
Section 200 is a broad workplace safety statute requiring employers, contractors, and site owners to provide a reasonably safe environment for all workers. It applies to hazards stemming from day-to-day operations or unsafe site conditions, such as faulty equipment or debris dangers. Injured workers can bring claims under this law for negligence when those in charge fail to address known risks, emphasizing the importance of proactive oversight and accountability in preventing workplace injuries.
Why You Should Consult an Attorney
Dealing with a construction accident claim can be overwhelming, especially after a traumatic injury. Consulting an attorney is an important step toward protecting your rights and ensuring you receive the compensation you deserve.
An experienced construction accident lawyer can:
- Investigate your case in detail.
- Identify all liable parties.
- Build a compelling argument based on evidence from the scene and medical professionals.
The damage caused by falling heavy equipment can go far beyond physical injuries. You may face stress over medical bills, frustration from being unable to work, and fear about what the future holds. But you don’t have to handle this alone.
Legal representation for your workplace accident claim can significantly impact the compensation you can recover.
Discuss Your Case with The Perecman Firm and Get the Help You Deserve
At The Perecman Firm, we understand how devastating a construction accident can be for you and your family. For nearly four decades, we’ve fought for injured workers throughout New York City, Queens, and Long Island—taking on powerful corporations, negligent contractors, and uncooperative insurance companies.
We treat every client like family, always fighting fiercely to get the maximum compensation possible. Whether you need workers’ compensation, Social Security Disability benefits, or a personal injury settlement, we will guide you every step of the way. Contact The Perecman Firm today at (212) 977-7033 or through our online form for a free case consultation.