Construction sites are dynamic and challenging work environments where accidents can happen at any moment. Among the most dangerous incidents are struck-by object accidents, which occur when a worker is hit by a moving or falling object, such as tools, machinery, or construction materials. These accidents are not only common but can result in severe injuries, permanent disabilities, or even fatalities.
For construction workers in Pennsylvania, it’s essential to understand your legal rights and options if you’re injured in such an accident. This guide provides a comprehensive overview of struck-by object accidents, explores common causes, and outlines the legal remedies available to injured workers and their families. Whether you are a victim seeking compensation or a loved one looking for answers, this article will provide valuable insights.
What Are Struck-By Object Accidents?
Struck-by object accidents are incidents where a worker is hit by a moving, flying, or falling object. According to the Occupational Safety and Health Administration (OSHA), these accidents are one of the "Fatal Four" hazards in construction, accounting for a significant portion of workplace injuries and deaths each year.
Types of Struck-By Object Accidents
Falling Objects
These accidents occur when tools, building materials, or equipment fall from heights and strike workers below. For example:
- A wrench dropped by a worker on scaffolding hitting someone on the ground.
- Bricks or steel beams becoming dislodged during construction.
Flying Objects
Mishandled tools or machinery can propel objects through the air. Examples include:
- Pieces of wood or metal flying during cutting or grinding operations.
- Equipment malfunctioning and ejecting parts.
Swinging or Moving Objects
Workers can be struck by swinging cranes, rotating machinery, or moving vehicles, such as forklifts or dump trucks.
Rolling Objects
Unsecured construction materials, such as pipes or barrels, can roll and hit workers.
The Serious Consequences of Struck-By Object Accidents
The injuries sustained in struck-by object accidents are often severe and life-changing. These injuries can include:
- Traumatic Brain Injuries (TBIs): Head injuries caused by falling or flying objects can lead to concussions, skull fractures, or long-term cognitive impairments.
- Spinal Cord Injuries: Being struck by heavy materials can damage the spinal cord, potentially causing paralysis.
- Broken Bones: Fractures in arms, legs, ribs, or other body parts are common in these accidents.
- Internal Injuries: Blunt force trauma can damage internal organs, leading to internal bleeding or organ failure.
In addition to the physical toll, victims and their families often face emotional distress and financial strain due to medical bills, lost income, and the long-term impact of the injury.
What Causes Struck-By Object Accidents?
Struck-by object accidents can often be traced back to preventable causes, such as negligence or safety violations. Understanding these causes is crucial for determining liability and seeking compensation.
- Improperly Secured Materials: Tools and materials not secured properly can fall from heights, putting workers at risk.
- Poorly Maintained Equipment: Malfunctioning machinery or vehicles can cause objects to strike workers.
- Failure to Follow Safety Protocols: Ignoring OSHA guidelines, such as failing to provide personal protective equipment (PPE), increases the risk of accidents.
- Negligent Supervision: Inadequate training or oversight can lead to unsafe practices that result in struck-by object accidents.
Your Legal Rights as an Injured Construction Worker
In Pennsylvania, injured construction workers have several legal options to seek compensation. These include filing a workers’ compensation claim, pursuing a personal injury lawsuit, or both, depending on the circumstances of the accident.
Workers’ Compensation: Your First Line of Relief
Workers’ compensation is designed to provide financial support to injured workers without the need to prove fault. Benefits include:
- Medical Expenses: Covers hospital bills, surgeries, medications, and rehabilitation costs.
- Lost Wages: Provides partial wage replacement while you recover.
- Disability Benefits: Offers compensation for temporary or permanent disabilities that prevent you from returning to work.
However, workers’ compensation has limitations. It does not cover non-economic damages, such as pain and suffering, and often limits the amount of compensation you can receive.
Personal Injury Lawsuits for Additional Compensation
If a third party’s negligence caused the accident, you may be able to file a personal injury lawsuit. Third parties may include:
- Contractors or subcontractors working on the same site.
- Equipment manufacturers responsible for defective tools or machinery.
- Vendors or suppliers who contributed to unsafe conditions.
Personal injury claims allow you to recover damages not covered by workers’ compensation, including pain and suffering, emotional distress, and full wage replacement.
Who Is Liable in a Construction Accident?
Determining liability in a construction accident can be complex, as multiple parties may share responsibility. Liability often depends on the circumstances of the accident and the roles of various parties on the site.
Employer Liability
Under Pennsylvania’s workers’ compensation laws, employers are generally protected from lawsuits. However, they are required to provide workers’ compensation benefits to injured employees.
Third-Party Liability
Third parties, such as contractors, equipment manufacturers, or other vendors, can be held liable if their negligence contributed to the accident. For example:
- A subcontractor failing to secure materials properly.
- An equipment manufacturer providing defective machinery.
OSHA Violations
OSHA violations can also play a critical role in determining liability. For instance, if the employer or contractor failed to follow OSHA’s safety regulations, such as providing proper PPE or securing tools, this may constitute evidence of negligence.
What to Do After a Struck-By Object Accident
If you’re injured in a struck-by object accident, taking the following steps can help protect your health and legal rights:
- Seek Immediate Medical Attention: Even if your injuries seem minor, get checked by a medical professional. Documentation of your injuries is crucial for any claim.
- Report the Incident: Notify your employer or supervisor as soon as possible. Prompt reporting creates an official record of the accident.
- Document the Scene: Take photos of the accident site, the object that struck you, and any visible injuries. Collect witness statements if possible.
- File a Workers’ Compensation Claim: Submit your claim promptly to avoid missing deadlines.
- Consult an Experienced Attorney: A construction accident lawyer can help you understand your options and ensure you receive the maximum compensation possible.
Legal Remedies for Construction Negligence
If your accident was caused by negligence, you might be eligible for additional legal remedies, including compensation for:
- Medical costs not covered by workers’ compensation.
- Lost future earning potential.
- Pain, suffering, and emotional distress.
- Permanent disability or disfigurement.
An experienced attorney can help identify all liable parties, gather evidence, and navigate the legal process.
Frequently Asked Questions
Can I sue my employer?
In most cases, workers’ compensation laws prevent you from suing your employer. However, you can sue third parties, such as contractors or equipment manufacturers, if their negligence caused the accident.
What if my claim is denied?
If your workers’ compensation claim is denied, you can appeal the decision. An attorney can guide you through this process and help strengthen your case.
How long do I have to file a claim?
In Pennsylvania, the statute of limitations for personal injury claims is generally two years. Workers’ compensation claims must be filed promptly, often within a few days or weeks of the accident.
Contact Fulginiti Law Today
Struck-by object accidents can leave you feeling overwhelmed, but you don’t have to face this journey alone. A knowledgeable construction accident lawyer can help you understand your rights, gather evidence, and pursue the compensation you deserve.
If you or a loved one has been injured in a construction accident in Pennsylvania, don’t wait. Contact Fulginiti Law today for a free consultation. Protect your rights and take the first step toward rebuilding your life.
