4 Common Causes of Struck-By Accidents on Construction Sites

Construction sites are bustling hubs of activity, and they can be dangerous places for laborers. One of the most serious hazards construction workers face is the risk of struck-by accidents. These incidents occur when a worker is hit by a moving or falling object, which can result in severe injuries or even fatalities.

As experienced Hudson Valley construction accident attorneys, we’ve seen firsthand the devastating impact these accidents can have on workers and their families.

This article will explore the common causes of struck-by accidents, the types of injuries they can cause, and what you can do if you've been injured in such an incident. We'll also discuss who may be liable for your injuries and how you can protect your rights.

Understanding Struck-By Hazards

Struck-by hazards are one of the "Fatal Four" leading causes of construction worker deaths, according to the Occupational Safety and Health Administration (OSHA). These hazards can come from various sources on a construction site, including:

• Falling objects
• Flying objects or debris
• Swinging or rolling objects
• Vehicles and heavy equipment

Let's take a closer look at each of these common struck-by hazards:

Falling Objects

One of the most prevalent struck-by dangers on construction sites is falling objects. These can range from small tools dropped by workers on upper levels to large building materials that haven’t been properly secured.

Common scenarios include:

• Tools or materials falling from scaffolding
• Debris falling during demolition work
• Improperly stacked materials toppling over
• Loads slipping from cranes or hoists

To prevent falling object injuries, workers should always wear hard hats and be aware of work taking place above them. Employers should implement proper material-handling procedures and use debris nets where appropriate.

Flying Objects

Flying objects pose a significant risk on construction sites, especially during tasks that involve cutting, grinding, or using compressed air. Hazards can include:

• Metal shavings from cutting operations
• Wood splinters from sawing
• Concrete fragments from drilling or demolition
• Nails ejected from nail guns
• Debris propelled by high winds

Personal protective equipment (PPE) like safety goggles and face shields is crucial for safeguarding workers against flying object hazards. Proper tool maintenance and the use of guards can also help reduce the risk.

Swinging and Rolling Objects

Construction sites often feature large, moving objects that can strike workers if proper precautions aren't taken, such as:

• Crane loads swinging unexpectedly
• Materials rolling off sloped surfaces
• Vehicles or equipment with limited visibility
• Doors or gates swinging open suddenly

To mitigate these risks, it's imperative to establish clear communication protocols, use spotters when necessary, and ensure that all workers are trained to recognize and avoid swing-radius hazards.

Vehicles and Heavy Equipment

With numerous vehicles and pieces of heavy equipment in operation, construction sites can resemble chaotic roadways at times. Roughly three out of every four struck-by deaths are caused by large machines like trucks and cranes.

Struck-by accidents involving vehicles can occur due to:

• Blind spots on large equipment
• Lack of proper traffic-control measures
• Inadequate warning systems or signage
• Operator error or distraction

Implementing a robust traffic-control plan, using spotters, and making sure all workers wear high-visibility clothing can help reduce the risk of vehicle-related struck-by incidents.

Who Is Liable for Struck-By Injuries?

Determining liability in struck-by accident cases can be complex, as multiple parties may share responsibility. Potentially liable parties include:

General Contractors

As the overall project manager, general contractors have a duty to ensure that the job site is safe. If they fail to implement proper safety measures or hire subcontractors who don’t follow safety protocols, they can be held legally responsible.

Subcontractors

Subcontractors are responsible for the safety of their own workers. They may be liable if any of their employees are involved in a struck-by accident due to their negligence.

Property Owners

Property owners can be forced to pay damages when they fail to take reasonable steps to prevent accidents on their property or allow hazardous conditions to persist.

Equipment Manufacturers

If a defective piece of equipment is involved in a struck-by accident, the manufacturer may be liable for design flaws or manufacturing defects.

Other Workers

The negligent actions of other workers on the construction site can contribute to struck-by accidents.

In New York, construction workers are protected by specific labor laws that obligate property owners and general contractors to provide a safe work environment. This means that even if your employer wasn't directly responsible for your accident, you may still have a claim against other parties.

How Can an Injured Worker Sue for a Struck-By Accident?

If you've been injured in a struck-by accident on a construction site, you have several options for seeking compensation:

Workers' Compensation Insurance

This is often the first line of recourse for injured workers. It provides medical benefits and partial wage replacement regardless of fault.

Third-Party Lawsuit

If a party other than your employer was responsible for your injury, you may be able to file a personal injury lawsuit against them. This can potentially provide additional compensation beyond workers' comp benefits.

Labor Law Claims

New York's labor laws — especially Sections 200 (the general duty clause), 240 (the scaffold law), and 241 (the construction safety law) — provide extensive protections for construction workers and may allow for claims against property owners and general contractors.

To protect your rights and maximize your chances of fair compensation, it's crucial to:

• Report the accident to your supervisor right away
• Seek immediate medical attention
• Document the accident scene and your injuries, if possible
• Gather the contact information of any witnesses
• Consult a knowledgeable construction accident attorney

The potential settlement amount for a struck-by construction accident can vary greatly depending on the severity of the injuries, the degree of negligence involved, and the applicable state laws. In one of our successful cases, we secured a $2.45 million settlement for a worker who was injured when a ceiling panel fell on his head.

Preventing Struck-By Accidents: A Shared Responsibility

While workers must remain vigilant at all times, the primary responsibility for preventing struck-by accidents lies with employers and site managers. Key prevention strategies include:

• Comprehensive safety training for all workers
• Regular equipment inspections and maintenance
• Proper use of personal protective equipment
• Clear communication protocols
• Effective traffic-control measures
• Adequate signage and warnings
• Proper material handling and storage procedures

Employers and managers who shirk their responsibilities leave themselves vulnerable to lawsuits, which can provide injury victims compensation for medical costs, lost wages, pain and suffering, and other impacts.