Times of Need
Debris Accidents
Construction Accidents Caused by Debris in Westchester County
At construction sites across Westchester County and the surrounding areas, debris is one of the most underestimated hazards. Whether it’s scattered materials, falling tools, or improperly discarded waste, debris can lead to serious—and often preventable—accidents. At The Law Office of Mark A. Siesel, we represent injured workers and bystanders who have suffered harm due to unsafe job sites. If you have been hurt in a debris-related construction accident, our team is here to help you pursue full compensation. Contact us today to set up a free consultation.
How Debris Contributes to Construction Accidents
Construction debris isn’t just an inconvenience—it’s a threat to safety. Regulations require that contractors maintain clear walkways and properly dispose of construction materials. Unfortunately, in the rush to meet deadlines or reduce costs, safety is sometimes overlooked.
Here are some of the most common types of debris-related hazards our team sees:
- Falling debris. Unsecured tools, equipment, or materials can fall from scaffolding, roofs, or ladders, causing serious head, neck, or spine injuries.
- Trip-and-fall hazards. Items like wood scraps, nails, discarded plastic, or electrical cords left on walkways often result in sudden falls that can break bones or tear ligaments.
- Improper disposal. Hazardous materials or sharp objects that aren’t discarded according to OSHA guidelines can cause cuts, infections, or toxic exposure.
- Unstable stacks of materials. Poorly stored lumber, sheetrock, or bricks may collapse unexpectedly, trapping or crushing nearby workers.
These factors can cause accidents that can harm—laborers, subcontractors, delivery drivers, and even pedestrians walking near a work zone.
Injuries Commonly Caused by Construction Debris
In our years representing injured New Yorkers, we’ve seen a wide range of debris-related injuries, including:
- Brain injuries. These are often the result of falling tools or unsecured scaffolding parts striking a worker without a hard hat.
- Broken bones. Fractures can be caused by sudden trips or being struck by unstable or falling materials.
- Spinal cord injuries. These injuries happen due to high-impact falls or crush accidents, and debris can play a role because it is a major tripping hazard that can lead to falls.
- Lacerations and puncture wounds. These are common with glass shards, nails, or metal fragments left on site.
These injuries can be devastating and can be caused by something as simple as lumber being left in the wrong spot. While construction sites are busy places, it is essential that managers, property owners, and others work together to keep the site free of debris at all times.
Getting Compensation for Debris Accidents
When you’re injured on a construction site, your first thought might be to file a workers’ compensation claim. And in many cases, that’s the correct first step. New York law requires most employers to carry workers’ compensation insurance to cover job-related injuries. However, what many workers in Westchester County quickly find is that the system doesn’t always work the way it should.
In theory, workers’ comp provides no-fault benefits—meaning you don’t have to prove anyone was negligent to receive payment for medical care and a portion of your lost wages. But in reality, the process is often frustrating and full of roadblocks.
Workers frequently face:
- Delays in medical approvals. It’s not uncommon for necessary treatments, surgeries, or specialist visits to be delayed or denied entirely.
- Wage benefits that fall short. Workers’ comp typically only covers about two-thirds of your average weekly wage—and only up to a capped amount—leaving injured workers struggling to make ends meet.
- Pressure to return to work early. Insurance companies and employers may push you to go back to work before you’re truly healed, putting your recovery—and long-term health—at risk.
- Retaliation fears. Some workers worry about losing their jobs or facing discrimination after filing a claim, especially undocumented workers or those in non-union positions.
Not all construction accidents are limited to workers’ compensation claims. If someone other than your direct employer—such as a general contractor, subcontractor, property owner, or equipment manufacturer—was negligent, you may be entitled to bring a separate personal injury lawsuit. This is often the only way to pursue full compensation for:
- Pain and suffering. Workers’ compensation doesn’t account for how an injury changes your quality of life.
- Past and future medical expenses. This is especially important in cases where ongoing care or surgery is needed beyond what workers’ comp will cover.
- Past and future earnings and loss of earning capacity. If your injury prevents you from returning to your trade or reduces your ability to earn a living long-term, a personal injury claim helps you secure more compensation for the impact on your income.
- Car rental, property damage, and incidental expenses. There are costs that are usually ignored by workers’ comp altogether.
If your injury involved falling debris, poor site maintenance, a safety violation, or defective equipment, there’s a strong chance a third party could be legally responsible. An experienced construction accident attorney can investigate your accident, determine who may be liable, and help you pursue the financial recovery you deserve.
Our team has decades of experience fighting for injured workers across Westchester County, the Bronx, Brooklyn, Queens, and Hudson Valley counties including Putnam, Dutchess, and Orange. We’re deeply familiar with New York’s unique Labor Laws that protect construction workers.
If you’ve been hurt on a job site, don’t assume workers’ comp is your only option. Contact The Law Office of Mark A. Siesel today for a free consultation.
Who Is Liable in Debris-Related Construction Accidents?
In New York, liability for construction accidents often falls on parties beyond just the worker’s direct employer. Under New York Labor Law Sections 200, 240, and 241, general contractors, property owners, and site managers may all be held responsible for unsafe conditions that lead to injury. In particular, Labor Law § 241(6) requires that all areas where construction, excavation, or demolition work is being performed be “so constructed, shored, equipped, guarded, arranged, operated and conducted” to provide reasonable and adequate protection to workers.
If you’ve been injured by construction debris, you may have the right to file a personal injury lawsuit in addition to a workers’ compensation claim. A personal injury case allows you to pursue a broader range of compensation, beyond what workers’ comp may cover.
What Compensation Can You Recover?
At The Law Office of Mark A. Siesel, we understand the short- and long-term costs of a serious injury. That’s why we seek the full range of compensation our clients are entitled to, which may include:
- Pain and suffering. This covers the physical pain, emotional distress, and loss of enjoyment of life you’ve endured.
- Past and future medical expenses. This is compensation for any necessary medical care, including surgeries, hospital stays, rehab, medications, and ongoing care.
- Past and future earnings and loss of earnings capacity. This can be substantial if your injuries make it difficult—or impossible—to return to your job or career path.
- Car rental, property damage, and incidental expenses. These out-of-pocket costs can also be part of your claim.
Serving Westchester County and Beyond
Our office is based in Westchester County, and we’re proud to serve injured construction workers and their families throughout the region. We also take cases in the Bronx, Brooklyn, Queens, and in Hudson Valley counties including Putnam, Dutchess, and Orange. Whether your accident happened on a large commercial site or a small residential project, we bring the same dedication, compassion, and legal experience to every case.
If you’ve been injured by debris on a construction site in Westchester or the surrounding areas, don’t wait. Construction companies and insurance carriers may try to minimize your injury or shift blame—and you want to act fast to protect your right to fair compensation. At The Law Office of Mark A. Siesel, we offer one-on-one attention and a true dedication to helping you rebuild your life.
Contact us online for a free consultation. We don’t charge legal fees unless we win your case.