A falling tool, a loose piece of building material, or other debris from a work site is a danger not just to workers, but to anyone walking by. Construction site debris accidents in New York City involve a network of potential defendants—property owners, general contractors, and subcontractors—who are often large corporations with legal teams dedicated to minimizing their financial exposure. That’s why working with experienced construction accident lawyers is critical if you’ve been injured; they understand how to navigate complex liability issues and protect your right to full compensation.
Thankfully, New York has specific laws designed to protect people in these situations. But knowing how to apply them effectively is another matter entirely. If you or someone you care about was injured by falling debris from a construction site in NYC or Long Island, you have rights that need to be defended. The Perecman Firm understands the laws that protect you and knows how to hold every responsible party accountable. We invite you to call us for a free, no-obligation conversation about your case at (212) 977-7033.
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Why Choose The Perecman Firm for Your Case?

Our firm, founded in 1983, has a long history of helping people whose lives have been turned upside down by construction accidents. We have secured over half a billion dollars for our clients, including a landmark $9.9 million settlement for a construction worker injured in New York. Every single dollar we’ve recovered for our clients helps their families regain their footing during incredibly difficult times.
Our founder, David Perecman, was named the Best Lawyers 2022 "Lawyer of the Year" for Personal Injury Litigation on Long Island. This recognition comes directly from our focused efforts and success in Nassau and Suffolk counties.
We believe that your interactions with a legal team should provide clarity, not more stress. Our approach is built on direct, personal attention and clear communication.
- No Win, No Fee: You pay us nothing unless we win your case. This is our contingency fee promise, aligning our interests with yours from the start.
- Free Case Review: We will listen to your story, analyze the incident, and explain your legal options in plain language, all at no cost.
- We Speak Your Language: To ensure you are fully understood, our team offers support in Spanish, Russian, Slovakian, and Polish.
- Always Available: Accidents don't happen on a 9-to-5 schedule, and neither do we. We are here for you 24/7 to answer your questions.
How Much Is My Construction Debris Accident Case Worth?
The goal of a personal injury claim is to secure financial compensation that covers every loss the accident caused, so you can focus on your physical and emotional recovery. In New York, compensation is typically broken down into three categories.
Economic Damages: The Tangible Costs
These are the losses that come with receipts and bills, forming the financial base of your claim.
- Current and future medical bills
- Lost wages from time away from work
- Diminished earning capacity if you cannot return to your previous job
- Costs of rehabilitation and physical therapy
- Other out-of-pocket expenses, like modifications to your home or vehicle
Non-Economic Damages: The Human Cost
This compensation acknowledges the human impact of the accident, which is often the most difficult burden to carry.
- Pain and suffering
- Emotional anguish and mental distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Punitive Damages: Punishing Reckless Behavior
In rare cases, a court may award punitive damages. This occurs when a defendant's actions are found to be exceptionally reckless or malicious. Punitive damages are not meant to compensate you for a loss; they are intended to punish the wrongdoer and send a clear message that such behavior will not be tolerated.
Where Construction Debris Accidents Happen on Long Island
Long Island is experiencing a major development boom. While this growth is good for the economy, it also increases the risk of construction-related accidents for residents in both Nassau and Suffolk counties.
- Transit-Oriented Development Hubs: Large-scale projects like Station Yards in Ronkonkoma and revitalization efforts in Mineola, Huntington Station, and Lindenhurst involve multi-story construction near busy public areas and LIRR stations.
- Major Infrastructure Projects: The LIRR Third Track expansion, stretching from Floral Park to Hicksville, involved years of extensive construction, including bridge replacements and station reconstructions, creating numerous zones with overhead work.
- New Commercial and Residential Construction: Proposed large-scale projects, such as the Sands resort at the Nassau Coliseum site, and new healthcare facilities by major providers like NYU Langone and Stony Brook Medicine, bring a high volume of construction activity to populated areas.
- Downtown Revitalization: Many towns across Long Island are undergoing revitalization, with projects to build mixed-use developments and improve streetscapes. These projects place active construction sites directly next to pedestrian walkways and local businesses.
What Are Your Rights After a Debris Accident?
Common Types of Falling Debris Accidents
- Unsecured Tools and Equipment: Hammers, wrenches, power tools, and other equipment can easily be knocked from elevated platforms or scaffolds.
- Building Materials: Bricks, concrete blocks, wood planks, and metal beams that are improperly stored or secured can become deadly projectiles.
- Scaffolding or Crane Failures: A malfunction in a crane or the collapse of a poorly erected scaffold can lead to dropped loads or a cascade of falling materials. Crane accidents are especially dangerous because they often involve heavy machinery lifting massive loads high above the ground, creating a serious risk of falling debris and catastrophic injuries.
- Demolition Debris: During demolition, pieces of a structure might fall unpredictably if proper containment measures, like debris nets, are not in place.
Common Injuries from Falling Objects
- Traumatic Brain Injuries (TBIs): Even with a hard hat, the force of an object falling from a significant height might cause severe brain trauma, leading to long-term cognitive and physical impairments.
- Spinal Cord Injuries: An impact to the neck or back easily damages the spinal cord, potentially resulting in paralysis and permanent disability.
- Fractures: Broken bones are a common result, particularly fractures to the skull, shoulders, clavicle, and extremities.
- Lacerations and Internal Injuries: Sharp or heavy debris can cause deep cuts that lead to significant blood loss and can also cause life-threatening damage to internal organs.
Key Legal Protections in New York

New York has specific laws that provide strong protections for individuals injured in gravity-related accidents on construction sites. These laws place a high level of responsibility on property owners and general contractors.
- New York Labor Law § 240(1) (The "Scaffold Law"): This law offers special protection for workers in gravity-related accidents. It places "strict liability" on property owners and general contractors for injuries caused by falling objects. In simple terms, if a safety device failed to protect a worker from a falling object, the owner and contractor are generally held responsible, regardless of the worker's own potential negligence.
- New York Labor Law § 241(6): This law requires owners and contractors to ensure that all areas of a construction site comply with specific safety rules detailed in the New York State Industrial Code. If a violation of a specific safety rule (such as those for overhead protection or debris disposal) causes an injury, the owner and contractor can be held liable.
- New York Labor Law § 200 and Common Law Negligence: This law codifies the general duty of all parties to provide a safe work environment. This protection extends to anyone lawfully on the property, including pedestrians, who may be injured due to a hazard that the owner or contractor knew about or should have known about.
How Companies and Insurers May Approach Your Claim
Shortly after an injury, you may be contacted by representatives for the construction company, the property owner, or their insurance carriers. It is important to understand their position. They are businesses, and their primary financial interest is to resolve claims for the lowest possible cost. This creates an immediate conflict of interest. While you are focused on healing, they are focused on their bottom line.
Our firm anticipates these tactics and prepares for them from the moment we take on a case:
- A Quick Settlement Offer: An insurer might offer a fast payment, sometimes before the full extent of your injuries and future medical needs are even known. This initial offer is almost always far less than what your case is truly worth. Accepting it means signing away your right to any future compensation for this injury.
- Disputing the Severity of Your Injury: They may review your medical records and suggest that your injuries are not as serious as you claim, or that they were pre-existing. This is a common strategy to downplay the value of your claim.
- Shifting Blame: They may try to argue that you were somehow at fault—perhaps by claiming you were in a restricted area—or that another party is solely responsible. This is an attempt to confuse the issue and reduce their own financial liability.
- Requesting a Recorded Statement: An adjuster may ask you to provide a recorded statement about the accident. It is not in your best interest to do this without legal guidance. Your words can be taken out of context and used against you later.
What You Should Do to Protect Your Rights After an Accident

While your legal team will handle the legal and administrative work, there are practical steps you should take to help strengthen your claim and protect your rights.
- Follow Your Doctor's Treatment Plan: Your health is the first priority. Adhering to all medical advice, attending all appointments, and following through with prescribed therapies is not only for your recovery but also creates a clear record of the seriousness of your injuries.
- Keep All Receipts and Paperwork: Maintain a dedicated file for every bill, receipt, and document related to the accident. This includes medical expenses, pharmacy receipts, and any information from your employer documenting lost wages.
- Write in a Journal: Keep a simple, private log of your pain levels, physical limitations, and how the injuries are affecting your daily life. This provides a real-world account of your suffering that can be more powerful than medical charts alone. Note the days you couldn't work, family events you missed, or simple activities you can no longer do.
- Avoid Social Media: It is best to refrain from posting about the accident, your injuries, or your daily activities online. Insurance companies will search your social media profiles for photos or posts they can use to argue that you are not as injured as you claim to be.
- Do Not Give Statements: Direct all communications from insurance adjusters, company representatives, or their lawyers to your attorney. Your legal counsel should manage all communication to protect you from saying something that could harm your case.
Frequently Asked Questions (FAQ)
I wasn't a worker, but I was hit by debris walking past a construction site on Long Island. Can I still file a claim?
Yes. Property owners and contractors have a legal duty to ensure the safety of the public. This includes implementing safety measures like debris nets, covered walkways, and secure fencing to protect pedestrians from foreseeable hazards. If they fail in this duty and you are injured as a result, they can be held liable for your injuries under principles of general negligence and New York Labor Law § 200.
How long do I have to file a lawsuit for a construction accident in New York?
For most personal injury cases in New York, the statute of limitations is three years from the date of the accident. However, there is an exception. If your claim is against a municipal entity (such as a town, county, or school district on Long Island), you must file a formal Notice of Claim within just 90 days of the incident. Missing this short deadline almost always prevents you from ever being able to file a lawsuit.
I receive Workers' Compensation benefits. Does that prevent me from suing?
While you generally cannot sue your direct employer if you are receiving workers' compensation benefits, you may still be able to file what is known as a third-party lawsuit. This allows you to pursue a claim against other negligent parties who contributed to your accident, such as the property owner, the general contractor, or a subcontractor. These claims, brought under NY Labor Law 240 and 241, can allow you to recover compensation for pain and suffering, which is not available through workers' compensation.
What if the construction company says the accident was caused by high winds or bad weather?
Adverse weather is a foreseeable event on any construction site, especially on Long Island. Safety regulations require contractors to properly secure materials, tools, and equipment specifically to prevent them from being dislodged by environmental factors like wind or rain. Bad weather is rarely a valid excuse for a debris-related accident and might, in fact, be evidence that the company failed to follow proper safety protocols.
Let Us Build Your Case for Justice

Our firm has been holding negligent property owners and contractors accountable for decades. We know the law, we understand the tactics used by the opposition, and we are dedicated to securing the maximum compensation available for our clients. We handle the legal burdens so you can focus on what matters most: your recovery.If you were injured by falling debris on a construction site in Long Island or anywhere in NYC, we are here to help. Contact The Perecman Firm today for a free, confidential consultation. Call us at (212) 977-7033 or fill out our online form to tell us about what happened.


