Construction sites are busy workplaces with inherent dangers that can jeopardize worker safety. Struck-by accidents rank among the most frequent and hazardous incidents on these sites. These accidents occur when workers are hit by falling objects, moving vehicles, equipment or other site-related hazards, often leading to severe injuries or even fatalities.
At The Bongiorno Law Firm, we understand the depth of construction site accidents. If you were injured in a struck-by incident, our experienced New York City construction accident attorneys are here to help you understand the legal process and pursue the compensation you deserve.
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What Is a Struck-By Construction Site Accident?
A “struck-by” construction site accident occurs when a worker is hit by an object or piece of equipment while on the job. This can include being struck by falling tools, machinery, debris or moving vehicles like cranes or trucks.
These accidents are particularly dangerous because they can cause serious injuries such as broken bones, head trauma and fatalities. Given the high-risk environment of construction sites in NYC, workers must be vigilant about these potential hazards.
Common Causes of Struck-By Accidents on NYC Construction Sites
According to OSHA, struck-by accidents are one of the “fatal four” leading causes of construction worker deaths in New York City. These accidents often result from falling objects, swinging equipment or improperly secured materials. Understanding the causes of struck-by accidents can help you identify potential hazards and prevent life-threatening injuries on the job.
Falling Objects
Falling tools, materials or debris are a major contributor to struck-by accidents. Construction workers working below or near elevated areas are particularly at risk.
Moving Vehicles and Equipment
Construction vehicles like cranes, bulldozers and forklifts can cause serious injuries if they strike a worker. These accidents often occur when workers are in blind spots or near moving machinery.
Swinging or Dropped Loads
Objects being hoisted or swung into position can fall unexpectedly. Workers nearby can be struck if a load is improperly secured or if the machinery fails.
Workers Being Knocked by Equipment
When workers are in the path of moving machinery or are accidentally bumped by equipment, they can be knocked over, leading to serious injuries or fatalities. Proper safety measures, like barriers and clear signage, are precautions to avoid this type of accident.
Who Is Most at Risk for NYC Construction Struck-By Injuries?
There are varying degrees of vulnerability to struck-by accidents for workers on NYC construction sites due to their proximity to hazards or their tasks. Identifying risk groups is important to prevent injury.
- Ground Workers: Those working on the ground level or beneath elevated structures are at high risk of falling objects.
- Heavy Equipment Operators: Crane, bulldozer and forklift operators are at risk of striking others with moving machinery.
- Flaggers and Traffic Controllers: Workers directing traffic or managing vehicle flow are exposed to the danger of being struck by moving construction vehicles.
- Roofers and Scaffold Workers: Those working at heights are at higher risk of being struck by falling tools, materials, or equipment.
- Laborers and General Workers: Workers who move between various construction areas or work near heavy machinery are also at risk of being hit by swinging or dropped loads.
Can Victims Sue an Employer for NYC Struck-By Injuries?
Generally, workers injured in struck-by accidents on NYC construction sites cannot directly sue their employer due to New York’s workers’ compensation laws. Workers’ compensation laws typically provide no-fault compensation for medical expenses, lost wages and rehabilitation, regardless of who was at fault for the accident.
However, there are exceptions. If a third party (such as a subcontractor or equipment manufacturer) is responsible for the accident, an injured worker may pursue a lawsuit against them. Additionally, if the employer’s actions were reckless or intentional, there may be grounds for a personal injury lawsuit outside of workers’ compensation. An experienced attorney can discuss your case and determine your legal options.
NYC Grave Injury Exception and What it Means for Injured Construction Site Workers
The NYC Grave Injury Exception offers additional legal options for construction workers who suffer severe injuries not covered by standard workers’ compensation. Understanding this exception is essential for workers who suffer life-altering injuries on the job.
What Is the Grave Injury Exception?
This exception allows injured workers to sue their employer for specifically listed grave injuries not covered under standard workers’ compensation.
Types of Injuries Covered
The “grave injury” designation includes:
- Amputations of an hand, arm, foot or leg
- Loss of an index finger; loss of one more fingers or toes
- Paraplegia or quadriplegia
- Full or permanent loss of vision or hearing
- Loss of nose or an ear
- Severe facial scarring and disfigurement
- A resulting brain injury resulting in permanent disability
How the Exception Benefits Workers
By filing a lawsuit under the Grave Injury Exception, injured workers may seek additional compensation beyond what workers’ compensation offers. This can include pain and suffering, punitive damages and compensation for future medical care or lost earning potential.
Call The Bongiorno Law Firm for Legal Help After a NYC Construction Site Accident
Injured in a construction site accident? If so, we can answer your questions and explain your legal options.
At The Bongiorno Law Firm, we have a proven history of results, and we are prepared to help you secure the compensation you deserve. Worried about cost? Since we take cases on contingency, there are no upfront costs or fees to pay.
Call our trusted New York City law firm today: (516) 741-4170