Imagine you're working on a bustling construction site in New York City. The air is filled with the sounds of machines, power tools, and the clanging of metal. You're focused on your task, but in an instant, something heavy falls from above.
Suddenly, your life changes. You're injured and left grappling with the fear, pain, and uncertainty of what comes next. This type of incident, known as a "struck-by accident," is one of the most dangerous events that can occur on a construction site. These accidents can cause serious injuries and, in some cases, even result in wrongful death.
For injured workers, understanding the causes and risks of struck-by accidents can be the first step toward seeking justice and compensation. At The Perecman Firm, our experienced New York construction accident lawyers have seen firsthand the devastating impact these accidents have on workers and their families.
Our goal is to stand by you and fight for the compensation and security you deserve, so you can focus on recovery while we hold those responsible accountable.
What is a Struck-By Accident?
A “struck-by” accident occurs when an object, tool, or piece of equipment hits a worker. These accidents are among the “Fatal Four” hazards identified by OSHA (Occupational Safety and Health Administration) in the construction industry, alongside falls, electrocutions, and caught-in/between accidents.
Struck-by accidents can happen in several ways, but the result is often severe injury or, tragically, even death. For someone injured in a struck-by accident, working with a construction accident attorney who knows what may have led to it and what legal steps to take helps protect your rights.
How Struck-By Accidents Occur
Struck-by accidents happen in a range of scenarios, often when heavy machinery, vehicles, or tools are in motion. Workers in various roles—from crane operators to welders and carpenters—are vulnerable to these types of incidents. Some common situations where struck-by accidents might happen include:
- Falling Objects: Falling objects are among the most common and deadly types of struck-by accidents. Construction workers working at ground level or lower floors are at particular risk if materials are not secured correctly or if scaffolding is overloaded. Items such as tools, construction materials, or debris can fall from a height, hitting workers below. These incidents are common on high-rise projects in cities like New York, where workers are stationed on multiple levels.
- Heavy Equipment Collisions: Construction sites are filled with heavy machinery like cranes, forklifts, and trucks. If an operator loses control or if there’s a mechanical failure, a worker nearby can be struck.
- Flying Objects: During tasks like hammering, drilling, or operating machinery, small objects or even larger equipment parts can become dislodged. Tools and equipment parts can fly across the worksite, potentially injuring or killing workers in their path.
- Swinging or Rolling Objects: Equipment that swings or rotates, such as cranes or concrete mixers, poses a risk. If a worker is unaware of the equipment’s path or if there’s a lack of clear signaling, they can be struck. Even a slight miscalculation can lead to a heavy load swinging into a worker, causing serious injury. Moving vehicles may also hit workers, especially in areas with heavy equipment and limited visibility. Proper signaling and careful driving are necessary to prevent these types of incidents.
Types of Injuries Possible from a Struck-By Accident
Each type of struck-by incident presents unique risks, but the resulting injuries are often life-changing for construction workers and their families. Here are some common types of injuries caused by struck-by accidents:
Traumatic Brain Injuries (TBIs)
A blow to the head from a falling tool, construction material, or heavy equipment can cause a traumatic brain injury. TBIs vary in severity, from concussions to life-altering damage that impacts memory, cognition, and motor skills. In some cases, these injuries can lead to permanent disabilities, requiring long-term medical care and rehabilitation.
Spinal Cord Injuries
The force of being struck by a heavy object can result in spinal cord damage, leading to partial or complete paralysis. These injuries often require extensive medical treatment, physical therapy, and modifications to the injured person’s home or lifestyle. In severe cases, spinal cord injuries can leave an individual unable to return to work or care for themselves independently.
Bone Fractures and Crush Injuries
Bones can break or shatter under the impact of falling or flying objects, especially when struck by heavy construction materials. In the most severe cases, a worker may suffer a “crush injury,” where a part of the body is compressed or crushed by machinery or equipment. Crush injuries can damage bones, muscles, and even organs, potentially leading to amputation or life-threatening complications.
Internal Injuries
Struck-by accidents can cause damage to internal organs, especially if a worker is hit with force. Internal injuries may include damage to the lungs, liver, spleen, or kidneys, requiring immediate medical intervention and often surgery. These types of injuries can be particularly dangerous as they may not be visible right away, delaying treatment and increasing the risk of complications.
Eye Injuries
When debris or objects fly through the air, workers are at risk of eye injuries. Even small particles can cause serious damage, including partial or full blindness, if they strike the eye with enough force. Eye injuries can permanently impact a worker’s ability to perform their job, especially in construction, where visual acuity is critical.
Struck-by accidents can be physically, emotionally, and financially devastating. If you’ve suffered any of these injuries, working with a personal injury lawyer with experience handling construction accident injury claims can help you seek the compensation you need for immediate medical expenses and long-term care.
At The Perecman Firm, we’re here to support you through your recovery and ensure you receive the full compensation you’re entitled to under New York law.
The Risks of Wrongful Death in Struck-By Accidents
In the most tragic cases, struck-by accidents can result in wrongful death. If a construction company or equipment manufacturer failed to follow safety protocols, they may be held accountable.
When a family loses a loved one to a struck-by accident, their lives are forever changed. At The Perecman Firm, we help families pursue wrongful death claims to seek justice and compensation for their loss, holding the responsible parties accountable.
Are Passers-By at Risk, and Do They Have Legal Recourse?
Yes, struck-by accidents don’t only affect construction workers. Passers-by, such as pedestrians or nearby residents, can be struck by falling debris or materials if safety barriers aren’t in place.
New York’s bustling urban environment increases this risk, as construction projects are often in close proximity to pedestrian traffic. Passers-by who are injured in a construction accident also have the right to seek compensation. We help those affected understand their legal options, advocating for their safety and right to justice.
The Importance of Hiring a Construction Accident Lawyer
After a serious construction accident, injured workers and their families often face intense physical, emotional, and financial strain. Unfortunately, insurance companies may attempt to settle the claim quickly and cheaply, hoping to avoid paying the full amount.
Many insurers offer low settlements, counting on the injured party’s immediate need for financial assistance. Without the guidance of a personal injury attorney, you might accept an offer that doesn’t cover all your current and future expenses.
The Perecman Firm has decades of experience handling construction accident claims, and we know how to challenge insurance companies. We help ensure that our clients get the compensation they need for medical expenses, lost wages, and other damages.
How an Experienced Lawyer Helps You
Construction accident lawyers do much more than just negotiate on your behalf. They provide you with a dedicated advocate to guide you through each stage of the legal process.
At The Perecman Firm, we take on the full burden of managing your claim, allowing you to focus entirely on your health and recovery. From the initial investigation to the final settlement or verdict, our team handles every detail to build a compelling case tailored to your unique situation.
When you work with The Perecman Firm, we start by gathering all available evidence, including photos of the accident site, witness statements, incident reports, and medical records. In many cases, we work with construction safety and engineering experts to analyze exactly what went wrong and identify safety violations that contributed to the accident.
These specialists provide valuable insights that strengthen your case by highlighting how the negligence of site owners, supervisors, or other parties directly caused your injury.
Focused Knowledge of Construction Law
Our extensive knowledge of New York construction laws, including Labor Law Sections 240 and 241, enables us to identify all potential avenues for compensation. These laws are complex but offer significant protections for injured construction workers, particularly in cases involving unsafe scaffolding, inadequate safety gear, or falling objects.
OSHA also mandates strict safety regulations on construction sites. OSHA’s guidelines require safety nets, protective gear, and properly maintained machinery to protect workers from struck-by accidents. When these regulations are violated, it strengthens a claim based on negligence, as it shows a failure to maintain a safe work environment.
With our experience, we understand how to use these protections and regulations to your advantage to build a strong case for full compensation.
In addition to handling the technical aspects of your claim, we’re here to answer your questions, offer guidance, and keep you informed every step of the way. By hiring us, you can feel confident that you’re in capable hands, focusing on your recovery while we handle the complexities of your case.
Compensation Available for a Struck-By Accident
After a struck-by accident, you may face overwhelming medical bills, lost income, and other expenses. At The Perecman Firm, we fight to secure compensation for injured construction workers, ensuring they receive the support they need during this difficult time.
Compensation for a struck-by accident may cover a range of damages, allowing you and your family to focus on recovery without the added burden of financial stress. Here are the primary types of compensation usually available in a construction injury case:
- Medical Expenses: Compensation often covers both past and future medical bills. This includes emergency care, surgeries, medications, physical therapy, and any ongoing treatment required for your recovery. If you need specialized equipment or home modifications, these expenses may also be included.
- Lost Wages and Lost Earning Capacity: If your injury forces you to take time off work, you may be eligible to recover lost wages. In cases where a struck-by accident leads to permanent disability or impacts your ability to work in the same capacity, you may also be entitled to compensation for lost earning capacity. This accounts for the income you could have earned if you hadn’t been injured.
- Pain and Suffering: Struck-by accidents often lead to physical pain, emotional trauma, and reduced quality of life. Compensation for pain and suffering reflects the impact of these non-economic damages. Although no amount of money erases the hardship of an injury, this compensation helps you manage the challenges you face in adjusting to life after the accident.
- Rehabilitation and Therapy: Injuries from struck-by accidents often require extensive rehabilitation, including physical therapy, occupational therapy, and counseling. Compensation may cover these costs to help you regain as much function and independence as possible.
- Permanent Disability or Disfigurement: You may be entitled to additional compensation if your injuries result in permanent physical limitations or disfigurement. This compensation reflects the life-long impact of the injury on your physical abilities and personal well-being.
Third-Party Claims
In addition to these damages, you may also be eligible for a third-party claim if someone other than your employer is responsible for the accident. Third-party claims allow you to seek additional compensation beyond what is provided by workers' compensation, which typically limits your recovery to basic medical costs and a portion of lost wages.
Third-party claims might be filed against subcontractors, equipment manufacturers, or property owners if their negligence contributed to the incident.
For example, if faulty equipment caused your injury, you might have grounds for a third-party claim against the manufacturer. Similarly, if an independent contractor or subcontractor on the site fails to follow safety protocols, you may be able to hold them liable.
By filing a third-party claim, you have the opportunity to recover full damages for your injuries, including pain and suffering and other losses that workers’ compensation alone cannot cover.
New York’s labor laws and OSHA regulations provide additional legal grounds to support third-party claims in struck-by accidents. With The Perecman Firm’s experience and commitment to justice, we’ll thoroughly explore every avenue for compensation so you and your family receive the full support you need.
Our goal is to help you move forward with confidence, knowing that we are here to protect your rights and fight for the compensation you deserve.
Contact The Perecman Firm to Seek Justice After a Struck-By Accident
Remember you're not alone if you or a loved one has been injured in a struck-by accident. Construction companies and their insurers may downplay the extent of your injuries or pressure you to accept a low settlement. But your recovery and peace of mind are what matter most, and you deserve compensation that reflects that.
At New York City personal injury lawyers, stand by our clients and deliver justice. Struck-by accidents are preventable when construction companies follow regulations and implement safety protocols. When they fail, we fight tirelessly to secure the compensation you deserve, ensuring that justice is served and future accidents are prevented.
Let us take on the insurance companies and those responsible for your injury while you focus on your recovery. Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Jericho office on Long Island at 516-268-0130. You can also contact us online.