Falling objects on construction sites can cause severe injuries to workers and bystanders alike, leaving them with extensive medical bills and lengthy recovery periods.
If you were struck by a falling object in Kentucky, contact Morgan, Collins, Yeast & Salyer now for a free consultation with one of our experienced construction accident lawyers. We are ready to handle your case from all angles, whether you have a workers’ compensation claim, personal injury lawsuit, or both.
Our lawyers are available 24/7. We don’t pass our clients off to paralegals like some other firms do. The attorneys you see in our TV commercials are the same attorneys who will work with you directly.
What Is a Struck-By Accident?
A struck-by accident occurs when a moving or falling object strikes an individual, causing them harm. Struck-by accidents can result from construction workers dropping tools or materials while working at heights, improperly constructed scaffolding collapsing, cranes dropping materials, or heavy objects like bricks or other debris falling from buildings.
What makes struck-by-falling-object accidents so dangerous is that victims are often hit on the head, which can lead to severe head, brain, and spinal cord injuries. If you suffer an injury in one of these accidents, it’s essential that you speak right away to our experienced personal injury attorneys, who can help you seek the compensation you need and deserve.
Who Is Most at Risk for a Struck-By Accident?
Construction workers and people passing by construction sites are those most at risk of being injured in a struck-by accident. Due to their nature, construction sites are often the location of potential falling objects, so it’s crucial for workers and anyone visiting the site to wear proper personal protective equipment (PPE) like high-visibility vests and hard hats.
According to the Occupational Safety and Health Administration (OSHA), struck-by accidents are one of the four leading causes of fatal construction injuries, along with falls, caught-in/betweens, and electrocutions, demonstrating how prevalent and dangerous struck-by construction accidents are.
Common Injuries in Struck By a Falling Object Accidents
Victims struck by falling objects frequently suffer serious injuries with long-term or lifelong consequences. Some of the most common injuries caused by falling objects include examples like these:
- Traumatic brain injuries – TBIs result from blows to the head and can leave victims with permanent cognitive and physical disabilities that require extensive treatment and support.
- Spinal cord injuries – The impact of a falling object can damage the spinal cord, leaving victims with chronic pain or even paralysis in severe cases.
- Fractured bones – Broken bones are common injuries suffered by victims struck by falling objects.
- Crushing injuries – Large falling objects can crush limbs and leave victims permanently disabled.
- Internal organ damage – Some victims of falling objects may suffer internal organ damage that requires immediate medical attention. Internal injuries are not always immediately visible but should be taken seriously.
Who Can Be Held Liable if You Are Struck By a Falling Object?
Depending on how the incident occurred and what type of worker you are, various parties could be liable for your injuries resulting from a falling object.
If you are an employee, you may be able to seek benefits through a workers’ compensation claim. Every employer with one or more employees is required to carry workers’ compensation insurance in Kentucky. However, if you are an independent contractor or another third party caused your injuries, you will have to seek compensation through a personal injury lawsuit.
Workers’ compensation is a type of no-fault insurance that provides employees injured on the job with immediate access to medical and wage-loss benefits. In exchange, the worker gives up the right to sue their employer. If your injury was due to a worksite hazard or a co-worker’s actions, your case typically falls under workers’ compensation. Independent contractors generally are not covered by workers’ compensation unless their employer misclassified them.
Beyond workers’ compensation, third-party personal injury claims apply when your injury is caused by someone other than your employer and co-workers. For example, if a third-party contractor on a job site drops a tool and it strikes you, you may be able to hold them liable for your losses. Or if a crane malfunctions and drops material on you, you may be able to hold the manufacturer liable for the injuries you suffered because of the defective crane.
In some cases, you may have a workers’ compensation claim and third-party injury lawsuit, making it essential to work with a skilled attorney who can identify all liable parties to maximize your compensation.
Potential Compensation in a Struck By a Falling Object Accident
The exact types of compensation you can receive after a struck-by accident depend on whether you have a workers’ compensation claim or personal injury lawsuit.
Medical Expense Coverage
In both workers’ compensation and personal injury claims, you can seek compensation for your past and future medical expenses, including surgeries, hospital stays, prescription medications, medical devices, medical treatments, and physical therapy.
Wage Loss Coverage
Through a personal injury lawsuit, you can seek compensation for your lost wages and loss of future earning capacity. You can also seek partial wage loss compensation through a workers’ comp claim, but benefits are limited to two-thirds of your average weekly wage up to a cap.
Pain and Suffering
If you file a personal injury lawsuit, you can also seek compensation for intangible losses like pain and suffering. Pain and suffering damages are not available through workers’ compensation claims.
How Our Kentucky Construction Accident Lawyers Can Help
Our Kentucky construction accident lawyers treat every case with the care and commitment it deserves. We’ll conduct a thorough investigation into the incident that harmed you, identifying all responsible parties and collecting the evidence required to hold them financially accountable. We’ll also be by your side throughout the legal process and will represent you in settlement negotiations and at hearings or at trial if need be.
Contact Morgan, Collins, Yeast & Salyer now for a free consultation about your falling object injury case with an experienced lawyer. Our team is dedicated to helping you seek the compensation you deserve for your injuries.
