Struck-by Accidents: One of Construction’s Deadliest Hazards
Being struck by an object is one of OSHA’s “Fatal Four” causes of death in the construction industry. Every year, hundreds of construction workers across the country are killed and thousands more are seriously injured when objects hit them on the job. On a busy Chicago construction site, the risk of being struck by something is constant. Tools fall from upper floors. Materials swing from cranes. Vehicles back up without warning. Debris flies from cutting and demolition work. These accidents happen fast, and the injuries are often severe. Understanding your legal rights after a struck-by accident is important. You may be entitled to compensation far beyond what workers’ compensation provides.
Types of Struck-by Accidents on Construction Sites
OSHA breaks struck-by hazards into four categories. Each one is common on Chicago construction sites.
Struck by Falling Objects
This is the most common type. Objects fall from scaffolding, upper floors, roofs, or cranes and strike workers below. Common falling objects include:
- Hand tools like hammers, wrenches, and drills
- Building materials such as bricks, lumber, steel beams, and concrete blocks
- Equipment and machinery parts
- Debris from demolition or cutting work
- Unsecured loads from cranes and hoists
On a high-rise construction site in downtown Chicago, a small tool dropped from 20 stories hits the ground with the force of a heavy object. Hard hats provide some protection, but they cannot prevent all injuries from falling objects.
Struck by Flying Objects
Flying objects are propelled through the air by force. These include:
- Debris from power saws, grinders, and nail guns
- Fragments from concrete cutting or demolition
- Pieces ejected from machinery
- Nails, screws, and fasteners from pneumatic tools
Eye injuries from flying objects are particularly common. Without proper eye protection, a small fragment can cause permanent vision loss.
Struck by Swinging Objects
Crane loads, swinging beams, and materials being moved can strike workers who are standing too close. On tight Chicago construction sites where space is limited, workers often have to work near active crane operations and material handling.
Struck by Rolling Objects
Vehicles, equipment, pipes, and materials on slopes can roll and strike workers. Dump trucks, concrete trucks, and heavy equipment that are not properly secured or that lack backup alarms are frequent causes of struck-by accidents.
Injuries from Struck-by Accidents
The injuries from struck-by accidents vary widely depending on the size and speed of the object, the body part struck, and whether the worker had any protective equipment.
Head and Brain Injuries
Being struck on the head by a falling or flying object can cause concussions, skull fractures, and traumatic brain injuries. Even with a hard hat, the force of impact can cause serious brain damage. Brain injuries can change every aspect of a victim’s life.
Spinal Injuries
A heavy object striking the back or neck can fracture vertebrae and damage the spinal cord. These injuries can result in partial or complete paralysis. Our spinal cord injury page explains the medical and legal aspects.
Broken Bones
Fractures of the skull, face, ribs, arms, legs, hands, and feet are all common in struck-by accidents. Some fractures require surgery with plates, screws, and pins. Recovery can take months.
Eye Injuries
Flying debris can cause corneal abrasions, retinal damage, and permanent blindness. These injuries often happen when eye protection is not provided or not worn.
Internal Injuries
The impact of a heavy object can cause internal bleeding, organ damage, and internal bruising. These injuries may not be immediately obvious and can become life-threatening without prompt treatment.
Crush Injuries
Large falling objects or rolling equipment can crush limbs and body parts, leading to amputations, compartment syndrome, and permanent disability.
Death
Struck-by accidents kill hundreds of construction workers each year. When a worker is killed by a struck-by accident, the family may file a wrongful death lawsuit.
Who Is Liable for Struck-by Accidents?
Liability in struck-by cases depends on who created the hazard and who failed to prevent it.
General Contractors
General contractors control the job site and are responsible for overall safety coordination. They must ensure that overhead work is done safely, that materials are properly secured, and that workers below are protected. When they fail in these duties, they can be held liable for struck-by injuries.
Subcontractors
A subcontractor whose worker drops a tool, fails to secure materials, or operates equipment negligently can be held responsible for injuries to workers employed by other companies on the site.
Equipment Owners and Operators
Companies that own and operate cranes, forklifts, dump trucks, and other heavy equipment have a duty to maintain that equipment and ensure it is operated safely. A crane that drops a load due to a mechanical failure or operator error creates liability for the crane company.
Property Owners
Property owners who maintain control over construction activities or who are aware of unsafe conditions can share liability.
Manufacturers
If a defective tool, piece of equipment, or safety device caused or contributed to the struck-by accident, the manufacturer can be held strictly liable. This includes defective hard hats, face shields, and other protective equipment that failed to perform as designed.
Legal Options After a Struck-by Accident
Workers’ Compensation Benefits
Workers’ compensation provides benefits to injured employees regardless of who was at fault. Benefits include medical treatment and partial wage replacement. You do not need to prove negligence. But workers’ comp has limits. It does not pay for pain and suffering, and it only replaces a portion of your income.Third-Party Lawsuits
If someone other than your direct employer caused the struck-by accident, you can sue that party for full damages. This is a third-party claim. It allows you to recover everything workers’ comp does not cover: pain and suffering, full wages, loss of earning capacity, and more. Struck-by accidents frequently involve third parties. The general contractor, other subcontractors, crane operators, equipment companies, and manufacturers are all potential defendants.
Product Liability Claims
If defective equipment or safety gear played a role in your injury, you can pursue a product liability claim against the manufacturer under Illinois law.
OSHA Requirements to Prevent Struck-by Accidents
OSHA requires construction sites to implement specific protections against struck-by hazards:
- Hard hats must be worn in areas where there is a risk of falling objects
- Toe boards and debris nets must be installed on scaffolding to prevent objects from falling
- Materials must be properly stored and secured to prevent falling or rolling
- Barricades must be set up around overhead work areas
- Vehicles and equipment must have backup alarms and be operated by trained operators
- Crane loads must be properly rigged and controlled
- Workers must not stand under suspended loads
When these rules are violated and someone is hurt, the OSHA violation serves as evidence of negligence.
Steps to Take After a Struck-by Accident
Seek Medical Attention
Some struck-by injuries, especially head injuries and internal injuries, may not show symptoms immediately. Get a medical evaluation as soon as possible. Tell the doctor exactly what struck you, how hard, and where on your body.
Report the Accident
Report the incident to your supervisor immediately. Get a copy of the written report. Note what object struck you and where it came from.
Gather Evidence
If you can, photograph the object that struck you, the area where the accident happened, and any visible injuries. Identify witnesses. Note what safety measures were or were not in place.
Keep the Object
If the object that struck you is a tool, piece of equipment, or safety device, try to keep it or make sure it is preserved. It may be important evidence.
Contact an Attorney
A construction accident lawyer can investigate the accident, determine who is liable, and pursue claims on your behalf. Time matters because evidence gets cleaned up and witnesses move on. Our hiring a lawyer page can help you take this step.
Compensation Available
Victims of struck-by accidents in Chicago can recover:
- Medical expenses, current and future
- Lost wages and benefits
- Loss of future earning capacity
- Pain and suffering
- Permanent disability
- Disfigurement
- Emotional distress
- Loss of normal life
- Wrongful death damages
The value of your case depends on the severity of your injuries, the impact on your ability to work, and the strength of the evidence against the responsible parties.
Statute of Limitations
Illinois law gives you two years from the date of the accident to file a personal injury lawsuit. Wrongful death claims must be filed within two years of the date of death. Workers’ compensation claims require notice to your employer within 45 days and filing within three years.
Contact a Chicago Struck-by Accident Lawyer
Struck-by accidents cause devastating injuries that can change your life permanently. If you were hurt by a falling, flying, swinging, or rolling object on a Chicago construction site, you deserve full compensation. Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation.
