Struck by Object: Injury Claims on Construction Sites

Struck by Object: Injury Claims on Construction Sites

Construction sites, while vital for building our infrastructure, are inherently dangerous environments. Among the myriad of potential hazards, being struck by an object stands out as a significant cause of injury and even fatalities. According to the CDC, occupational struck-by incidents caused 150 deaths and 14,000 nonfatal construction sector injuries in 2020, totaling $1.4 billion in workers’ compensation direct costs. Understanding the risks, legal rights, and preventative measures associated with “struck by object” incidents is crucial for anyone involved in or around construction sites.

The “Fatal Four” and Struck-By Incidents

The Occupational Safety and Health Administration (OSHA) has identified the “Fatal Four” as the leading causes of construction worker deaths. These include falls, electrocutions, caught-in/between incidents, and struck-by incidents. Struck-by incidents account for a significant percentage of construction-related deaths. In fact, OSHA has classified struck-by accidents among its “Fatal Four” – or the four main causes of fatal accidents in the construction industry.

Types of Struck-By Object Accidents

Struck-by accidents can occur in various forms, each presenting unique dangers:

  • Falling Objects: These accidents involve tools, materials, or debris falling from an elevated position and striking a worker below. Examples include tools dropped from scaffolding, bricks dislodged during construction, or unsecured materials falling from a height.
  • Flying Objects: These incidents occur when objects are propelled through the air with force. Common causes include debris from cutting or grinding operations, objects ejected from machinery, or materials propelled by explosions.
  • Swinging Objects: Workers can be struck by swinging loads from cranes, machinery with rotating parts, or other equipment that moves in an arc. Maintaining a safe distance from operating equipment and understanding swing radiuses are crucial for preventing these accidents.
  • Rolling Objects: These accidents involve unsecured materials like pipes, barrels, or vehicles that roll or slide and strike a worker. Proper storage and securing of materials are essential to prevent rolling object incidents.

Common Causes of Struck-By Accidents

Several factors can contribute to struck-by accidents on construction sites:

  • Negligence: Carelessness or failure to follow safety protocols by employers, supervisors, or fellow workers can lead to dangerous conditions.
  • Inadequate Training: Insufficient training on hazard recognition, safe work practices, and proper equipment operation increases the risk of accidents.
  • Lack of Personal Protective Equipment (PPE): Failure to provide or enforce the use of hard hats, safety glasses, and other protective gear can leave workers vulnerable to injuries.
  • Improper Housekeeping: Poorly organized work areas, cluttered pathways, and unsecured materials create tripping hazards and increase the likelihood of objects falling or rolling.
  • Defective Equipment: Malfunctioning tools, machinery, or equipment can cause objects to be ejected or dropped, leading to struck-by incidents.
  • Communication Breakdowns: Lack of clear communication between workers, equipment operators, and supervisors can result in workers being unaware of potential hazards.

Common Injuries Resulting from Struck-By Accidents

The severity of injuries from struck-by accidents can vary widely depending on the object’s size, weight, and velocity, as well as the point of impact. Common injuries include:

  • Head Injuries: Traumatic brain injuries (TBIs), concussions, skull fractures, and facial injuries.
  • Neck and Back Injuries: Spinal cord damage, herniated discs, and chronic pain.
  • Broken Bones: Fractures in arms, legs, ribs, and other bones.
  • Lacerations: Cuts and puncture wounds from sharp objects or debris.
  • Internal Organ Damage: Injuries to internal organs caused by blunt force trauma.
  • Fatalities: In severe cases, struck-by accidents can result in death.

Legal Rights and Options for Injured Workers

Construction workers injured in struck-by accidents have legal rights and options for seeking compensation:

  • Workers’ Compensation: In most states, including New Jersey and Pennsylvania, injured construction workers are entitled to workers’ compensation benefits, regardless of fault. These benefits can cover medical expenses, lost wages, and disability payments.
  • Third-Party Lawsuits: If the accident was caused by the negligence of a third party, such as a contractor, subcontractor, equipment manufacturer, or property owner, the injured worker may be able to file a personal injury lawsuit to recover additional damages.
  • New York Labor Law: In New York, Labor Law Section 240, also known as the “Scaffold Law,” provides additional protection for construction workers injured in gravity-related accidents, including those caused by falling objects. This law holds property owners and general contractors strictly liable for injuries resulting from inadequate safety measures.

Steps to Take After a Struck-By Accident

If you are struck by an object on a construction site, it is important to take the following steps to protect your health and legal rights:

  1. Seek Immediate Medical Attention: Even if your injuries seem minor, get checked by a medical professional. Some injuries, such as concussions or internal damage, may not be immediately apparent.
  2. Report the Incident: Notify your employer or supervisor as soon as possible. Make sure the incident is properly documented in an accident report.
  3. Document the Scene: If possible, take photos of the accident site, the object that struck you, and any visible injuries. Gather contact information from any witnesses.
  4. File a Workers’ Compensation Claim: Submit your claim promptly to avoid missing deadlines.
  5. Consult an Experienced Attorney: A construction accident lawyer can help you understand your legal options and ensure you receive the maximum compensation possible.

Preventing Struck-By Accidents: A Shared Responsibility

Preventing struck-by accidents requires a collaborative effort from employers, supervisors, and workers:

  • Employers:
    • Develop and implement comprehensive safety programs.
    • Provide adequate training on hazard recognition and safe work practices.
    • Ensure workers have and use appropriate PPE.
    • Regularly inspect equipment and work areas for hazards.
    • Enforce safety rules and address violations promptly.
  • Supervisors:
    • Conduct daily safety briefings and toolbox talks.
    • Monitor work activities to ensure compliance with safety procedures.
    • Correct unsafe conditions and behaviors immediately.
    • Investigate accidents and implement corrective actions.
  • Workers:
    • Participate in safety training and ask questions when unsure.
    • Follow safety rules and procedures at all times.
    • Wear appropriate PPE.
    • Report hazards and unsafe conditions to supervisors.
    • Be aware of surroundings and potential struck-by hazards.

Conclusion

Struck-by object incidents pose a significant threat to the safety of construction workers. By understanding the risks, implementing preventative measures, and knowing their legal rights, workers can protect themselves from these dangerous accidents. If you or a loved one has been injured in a struck-by accident on a construction site, it is crucial to seek medical attention and consult with an experienced attorney to explore your legal options and pursue the compensation you deserve.